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jBROOKLYN  EAGLE 
I - LIBRARY, 

No.  42. 

Vol.  XV.  No.  6.  JUNE,  1900.  Price,  Ten  Cents 

THE  CHARTER 

OF  THE 

CITY  OF  MEW  YORK 

Chapter  378  of  the  Laws  of  1897,  with  Amendments, 
Adopted  by  the  Legislatures  of  1 898, 1 899,  and  1 900. 

PUBLISHED  BY  THE 

BROOKLYN  DAILY  EAGLE 

Entered  at  the  Brooklyn-New  York  Post  Office  as  Second  Class  Matter.  Vol.  XV,  No.  6 of  the  Eagle  Library, 
June,  1900.  Yearly  Subscription  .$1.00.  Almanac  Number,  25  cents. 


rooklyn  Daily  Eagle 
ook  and  Job  Priming 
Department 

EAGLE  BUILDING 

Washington  and  Johnson  Streets 
Fourth,  Fifth  and  Sixth  Floors 


Prinnng 


BLANK  BOOKS 
PAPER  RULING 


BINDING  ^ ^ ^ ^ EMBOSSING  ^ ^ 


ELECTROTYPING  STEREOTYPING 
LITHOGRAPHING  ^ ENGRAVING,^  ^ 


This  Establishment  has  an  EXTENSIVE 
ASSORTMENT  OF  MODERN  TYPES 
not  surpassed  by  any  office  in  Greater  New 
York  ^ ^ ^ The  Latest  Improved  Press 
Facilities  to  do  anything  in  the  Printing  Line 

We  have  added  to  our  already  extensive  plant 
complete  *5^  4^^ 

ART  AND  ENGRAVING 
DEPARTMENT  oe  ^ ^ ^ 

With  a corps  of  Artists  and  Etchers,  and  are 
fully  prepared  to  do  all  kinds  of  Half-Tone  and 
Line  Work 


Telephone,  ^‘2239  Main^^ 


Take  Targe  Passenger 
Slevators  to  Fotirtk  Floor 


THE  CHARTER 

OF  THE 

CITY  OF  NEW  YORK 

CHAPTER  378  OF  THE  LAWS  OF  1897, 

With  Amendments  Passed  in  1898,  1899  and  1900, 

AND  A COMPLETE  INDEX, 

AND  MAPS  OF  BOROUGHS 

OFFICE  OF  PUBLICATION, 

EAGLE  BUILDING,  BROOKLYN. 


Entered  at  the  Brooklyn  Post  OfiSce  as  Second  Class  Matter.  Vol.  XVI,  No.  6 of  the  Eagle  Library.  Serial  Number  No. 
42.  June,  1900.  Yearly  Subscription,  $1.00.  Almanac  Number,  25  cents. 


The 


Brooklyn 

Eagle 

Almanac 

£25  1 90 1 


C>  c-a  (£■&  CJ&  c*  C -6  r>  (^-fe  c>  c)i^  e3<^  ^ eft  eft  c~(^  ^ 


lOill  be  More  Complete  and 
fetter  than  eifer  before. 


Cloth,  25c. 

Library  Edition,  50c. 


Order  from 
Newsdealer 


TABLE  OF  CONTENTS. 


PAGE. 


P30POSED  Constitutional  Amendment 154 

Some  Histobical  Points 154 

Membebs  of  Chabtee  Commission 156 

PaTEONAGE  OP  THE  Matoe 166 

Eeview  by  Hon.  Wm.  C.  DeWitt ' ] 153 


THE  GREATER  NEW  YORK.  CHARTER. 

CHAPTER  I. 

Boundaeies,  Eoeoughs,  Powebs.  Rights  and  Obligations  of 
THE  City 


Legislatiye  Depabtment 


CHAPTER  II. 


6 


CHAPTER  III. 


Eeanchises  and  Grants  of  Land  Under  Water: 

Title  L Franchises 

2.  Grants  of  land  under  water 

CHAPTER  IV. 

The  Executive 


11 

12 

12 


The  Mayor 


CHAPTER  V. 


14 


CHAPTER  VI. 

The  Department  of  Finance: 

Title  1.  The  Controller 

2.  Bonds  and  obligations  of  the  City 

3.  The  Chamberlain 

4.  The  Sinking  Fund 

5.  Appropriations  and  the  Board  of  Estimate  and  Appor- 

tionment  

6-  Levying  Taxes ; 


15 

18 

20 

21 

23 

28 


Law  Department 


CHAPTER  VII. 


CHAPTER  VIII. 


28 


SEC. 


1 


17 


71 

83 

94 


Fire  Department: 


CHAPTER  XV. 


page.  sec. 


Title  1.  Organization,  duties  and  powers  of  officers  and  men.. 

2.  Fires  and  their  extinction 

3.  Prevention  of  fires,  explosives  and  combustible  ma- 

terials  

4.  Fire  marshals  and  investigation  of  origin  of  fires 

5.  Relief  fuzid  and  pensions 

6.  Taxes  upon  foreign  Insurance  companies 

CHAPTER  XVI. 

Docks,  Piers,  Harbors,  Poet  and  Waters: 

Title  1.  Department  of  Docks  and  Ferries 

2.  Piers,  slips  and  wharfage 

3.  General  provisions 

CHAPTER  XVII. 

Taxes  and  Assessments: 

Title  1.  Department  of  Taxes  and  Assessments;  powers  and 
duties 

2.  Assessments  for  local  improvements  ether  than  those 

confirmed  by  a court  of  record 

3.  Vacating  and  modifying  assessments  for  local  im- 

provements other  than  those  confirmed  by  a court 
of  record 

4.  Opening  streets  and  parks 

6.  Sales  of  lands  for  taxes  and  assessments  and  water 

rates 


72  7:20 

74  748 

74  760 

77  779 

78  789 

80  798 


82  816 
85  844 

83  876 


89  834 

94  942 


95  958 

96  970 

102  101 


116 


CHAPTER  XVIII. 

Department  of  Education: 

Title  1.  Public  schools  and  their  management. 

2.  The  College  of  the  City  of  New  York. . . 

3.  The  Normal  College 

4.  General  provisions 


105  1055 

113  1127 

114  1139 

115  1151 


149 

169 

194 

204 

226 

247 


255 


CHAPTER  XIX. 

Department  of  Health: 

Title  1.  Power  and  duties  of  the  department,  its  offices  and  ad- 
ministration   

2.  Mariuages,  births  and  deaths 

3.  Duties  of  physicians  and  others 

4.  Legal  proceedings  and  punishment  for  disobedence  of 

orders  and  ordinances 

5.  Reimbursement  of  expenses 

6.  Abatement  by  suit 

7.  Tenement  and  lodging  houses 

8.  Pension  fund 


115  1167 

122  1236 

123  1247 

123  125T 

125  1275 

126  1287 
128  1304 
132  1331 


Police  Depabtment. 


29  270 


CHAPTER  IX. 

Borough  Officers,  Local  Boards  and  Local  Improvements: 
Title  1.  Borough  Officers 

2.  Local  Boards 

3.  Local  Improvements 

.r  CHAPTER  X. 

Public  Improvements: 

Title  1.  Board  of  Public  Improvements 

2.  Map  or  plan  of  the  City  of  New  York;  map  of  sewer 

system  and  sewer  districts 

3.  Oeaeral  provisions  relating  to  Departments 

4.  Department  of  Water  Supply 

5.  Department  of  Higbwa3's 

6.  Department  of  Street  Cleaning 

7.  Department  of  Sewers 

8.  Department  of  Public  Buildings,  Lighting  and  Supplies 

9.  Department  of  Bridges 

, CHAPTER  XI.  -V 

Department  of  Parks  : 

Title'  1.  Parks  of  the  City 

2.  The  Art  Commisson 

CHAPTER  XII. 

Department  pp  Building*: 

CHAPTER  XIII. 

Department  of  Public  Charities 

CHAPTER  XIV. 

Department  of  Correction 

3 


41 

382 

42 

390 

42 

400 

43 

410 

45 

432 

47 

4,50 

48 

468 

53 

523 

54 

533 

57 

555 

59 

572 

61 

594 

61 

( 

1 

607  1 

64 

633  1 

64 

614  j 

66 

6.53 

69 

694 

Inferior  Local  Courts  ; 


CHAPTER  XX. 


Title  1.  The  City  Court  of  New  York 

2.  The  Municipal  Court  of  the  City  of  New  York. 

3.  Inferior  Courts  of  criminal  jurisdiction 

4.  The  Marshals 


133  1345 
133  1350 
136  1390 
139  1424 


CHAPTER  XXI. 


The  Acquisition  of  Lands  and  Interests  Therein  for  Public 
Purposes 


139  1435 


General  Statutes: 


CHAPTER  XXII. 


Title  1.  The  streets 

2.  Amusements 

3.  Birds 

4.  Commercial  paper  during  epidemic 

5.  Pharmacists  and  druggists 

C.  Board  of  City  Record 

1499 

1510 

7.  General  provisions 

8.  Coroners 

CHAPTER  XXIII. 

Provisions  rel.ating  to  Counties  and  repeal  Provisions: 
Title  1.  Provisions  relating  to  counties 

1577 

2.  Repeal  provisions J52  1608 


163 


Boroughs  of  the  City  of  New  York: 

Greater  New  York... ; 

Manhattan ; j'"' 

Richmond 

Bronx 

,,  1d5 

166 

Brooklyn 

Index: 

General  Index ~ 


168-176 


4 1.(^0  ± 


7 =1  Ok  V. 


=r 


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THE  CHARTER 


OF  THE 


CITY  OF  NEW  YORK. 


Chapter  378^  Laws  of  1897,  As  Amended  by  Laws  of  1898  and  1899. 


AN  ACT 

To  TTrivte  Into  One  Municipality,  Un- 
der the  Corporate  Name  of  The  City 
of  New  York,  the  Various  Commun- 
ities Lying  In  and  About  New  York 
- Harbor,  Including  the  City  and 
County  of  New  York,  the  City  of 
Brooklyn  and  the  County  of  Kings, 
the  County  of  Eichmond  and  Part  of 
the  County  of  Queens,  and  to  Pro- 
vide for  the  Government  Thereof. 

THE  PEOPLE  OF  THE  STATE  OF  XEW 
YORK,  REPRESENTED  IN'  SENATE 
AND  ASSEMBLY,  DO  ENACT  AS  FOL- 
LOWS: 

CHAPTER  I. 

BOUNDARIES,  BOROUGHS,  POWERS, 
RIGHTS  AND  OBLIGATIONS  OF  THE 
CITY. 

The  city  of  New  York;  corporations 
consolidated;  territory;  short  title  of 
this  act.  , 

Section  1.  The  city  of  New  York;  corpora- 
tions consolidated;  territory;  short  title  of 
this  act — All  the  municipal  and  public  corpo- 
rations and  parts  of  municipal  and  public  cor- 
porations, including  cities,  villages,  towns  and 
school  districts,  but  not  including  counties, 
within  the  following  territory,  to  wit:  the 

county  of  Kings,  the  county  of  Richmond,  the 
city  of  Long  Island  City,  the  towns  of  New- 
town, Flushing  and  Jamaica,  and  that  part 
of  the  former  town  of  Hempstead  as  it  existed 
on  the  thirty-first  day  of  December,  eighteen 
hundred  and  ninety-seven,  bounded  on  the 
east  and  north  by  the  east  and  north  bounds 
of  the  former  village  of  Par  Rockaway,  and 
on  the  east  by  a line  drawn  due  north  from 
the  northwest  corner  of  said  village  to  the 
south  line  of  the  town  of  Jamaica,  as  it  ex- 
isted on  the  thirty-first  day  of  December, 
eighteen  hundred  and  ninety-seven,  are  here- 
by annexed  to,  united  and  consolidated  with 
the  municipal  corporation  known  as  the  mayor, 
aldermen  and  commonalty  of  'the  city  of  New 
York,  to  be  hereafter  called  “The  City  of  New 
York;”  and  the  boundaries,  jurisdictions  and 
powers  of  the  said  city  of  New  York  herein  I 
constituted,  are  for  all  purposes  of  local  ad-  [ 


ministration  and  government,  hereby  declared 
to  be  coextensive  with  the  territory  above  de- 
scribed; and  the  said  city  of  New  York  is 
hereby  declared  to  be  the  successor  corpora- 
tion in  law  and  in  fact  of  all  the  municipal 
and  public  corporations  united  and  consoli- 
dated as  aforesaid  with  all  their  lawful  rights 
and  powers  and  subject  to  all  their  lawful 
obligations  without  diminution  or  enlarge- 
ment except  as  herein  otherwise  specially  pro- 
vided; and  all  of  the  duties  and  powers  of 
the  several  municipal  and  public  corporations 
united  and  consolidated  as  aforesaid  into  the 
city  of  New  York  are  hereby  devolved  upon 
the  municipal  assembly  of  the  said  city  of 
New  York,  so  far  as  the  same  are  applicable 
to  said  city  and  not  herein  otherwise  specially 
provided,  to  be  exercised  in  accordance  ■with 
the  provisions  of  this  act.  This  act  may  be 
cited  by  the  short  title  of  “The  Greater  New 
York  Charter.”  [Thus  amended  by  Chapter 
379,  Laws  of  1899.] 

Di’vision  into  lioronglis. 

Sec.  2.  The  City  of  New  York,  as  consti- 
tuted by  this  act,  is  hereby  divided  into  five 
boroughs,  to  be  designated  respectively:  Man- 
hattan, the  Bronx,  Brooklyn,  Queens  and 
Richmond;  the  boundaries  whereof  shall  be 
as  follows: 

First.  The  Borough  of  Manhattan  shall  con- 
sist of  all  that  portion  of  the  City  of  New 
York,  as  hereby  constituted,  known  as  Man- 
hattan Island,  Nuttin  or  Governor’s  Island, 
Bedloe’s  Island,  Bucking  or  Ellis  Island,  the 
Oyster  Islands  and  also  Blackwell’s  Isl- 
and, Randall’s  Island  and  Ward’s  Island,  in 
the  East  or  Harlem  Rivers. 

Second.  The  Borough  of  the  Bronx  shall 
consist  of  all  that  portion  of  the  City  of  New 
York  as  hereby  constituted,  lying  northerly 
or  easterly  of  the  Borough  of  Manhattan,  be- 
tween the  Hudson  River  and  the  East  River 
or  Long  Island  Sound,  including  the  several 
islands  belonging  to  the  municipal  corpora- 
tion heretofore  knowmas  the  mayor,  aldermen 
and  commonalty  of  the  City  of  New  York 
not  included  in  the  Borough  of  Manhattan. 

Third.  The  Borough  of  Brooklyn  shall  con- 
sist of  that  portion  of  the  City  of  New  York, 
as  hereby  constituted,  hitherto  known  as  the 
City  of  Brooklyn. 

Fourth.  The  Borough  of  Queens  shall  con- 
sist of  that  portion  of  Queens  County  in- 
cluded in  the  City  of  New  York  as  hereby  con- 
stituted. 

Fifth.  The  Borough  of  Richmond  shall  con- 


sist of  the  territory  known  as  Richmond 
County. 

Naiiie;  po-svers  and  riglits  of  tUe  cor- 
poration; seal. 

Sec.  3.  The  name  of  the  corporation  con- 
stituted by  this  act  shall  be  the  city  of  New 
York  and  the  same  shall,  hy  that  name,  be  a 
body  politic  and  corporate  in  fact  and  in 
law  with  power  to  contract  and  to  be  con- 
tracted with,  to  sue  and  be  sued,  to  have  a 
common  seal  and  to  have  perpetual  succes- 
I sion,  with  all  of  the  rights,  properties,  inter- 
ests, claims,  demands,  grants,  powers,  priv- 
ileges and  jurisdictions,  held  by  the  mayor, 
aldermen  and  commonalty  of  the  city  of 
New  York,  and  held  by  each  of  the  municipal 
and  public  corporations  or  parts  thereof  other 
than  counties  by  this  act  united  and  con- 
solidated with  the  corporation  known  as  the 
mayor,  aldermen  and  commonalty  of  the  city 
of  New  York,  except  so  far  as  modified  or  re- 
pealed by  the  provisions  of  this  act. 

Local  government;  municipal  assem- 
bly; liabilities  of  corx>oratioiis  con- 
solidated;. 

Sec.  4.  For  all  purposes  the  local  adminis- 
tration and  government  of  the  people  and 
property  within  the  territory  hereby  com- 
prised within  the  city  of  New  York  shall  be 
in  and  be  exercised  by  the  corporation  afore- 
said, and  the  municipal  assembly  as  in  this 
act  constituted,  subject  to  the  conditions  and 
provisions  of  this  act  shall  exercise  alV  the 
powers  vested  in  the  corporation  of  the  city 
of  New  York  by  this  act  or  otherwise  save 
as  in  this  act  is  otherv/ise  especially  provided. 
All  valid  and  lawful  charges  and  liabilities 
now  existing  against  any  of  the  municipal 
or  public  corporations  or  parts  thereof  ■n'hich 
by  this  act  are  made  part  of  the  corporation 
of  the  city  of  New  York,  including  the  county 
of  Kings  and  the  county  of  Richmond,  or 
which  may  hereafter  arise  or  accrue  against 
such  municipal  and  public  corporations,  or 
parts  thereof,  including  the  said  counties  of 
Kings  and  Richmond,  which  but  for  this  act 
would  be  valid  and  lawful  charges  or  liabili- 
ties against  the  same,  shall  be  deemed  and 
taken  to  be  like  charges  against  or  liabilities 
of  the  said  the  city  of  New  York,  and  shall 
accordingly  be  defrayed  and  answered  unto  by 
it  to  the  same  extent  and  no  further  than  the 
said  several  constituent  corporations  would 
have  been  bound  if  this  act  had  not  been 
passed.  All  bonds,  stocks,  contracts  and  ob- 
ligations of  the  said  municipal  and  public  cor- 


6 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


porations,  including  the  county  of  Kings  and 
the  county  of  Richmond,  and  such  proportion 
of  the  debt  of  the  county  of  Queens  and  of 
the  town  of  Hempstead  as  shall  be  ascertained 
as  hereinafter  prescribed,  which  now  exist  as 
legal  obligations,  shall  be  deemed  like  obliga- 
tions of  the  city  of  New  York,  and  all  such 
obligations  as  are  authorized  or  required  to 
be  hereafter  issued  or  entered  into,  shall  be 
Issued  or  entered  into  by  and  in  the  name  of 
the  corporation  of  the  city  of  New  York. 

Laws  relating  to  the  creation  and  pay- 
ment of  debts  to  remain  in  force; 

common  debt;  taxation. 

Sec.  5.  All  laws  or  parts  of  laws  heretofore 
passed  creating  any  debt  or  debts  of  the  mu- 
nicipal and  public  corporations,  united  and 
consolidated  as  aforesaid,  or  for  the  payment 
of  such  debts,  or  respecting  the  same,  as  well 
as  every  such  law  respecting  the  debts  of  the 
corporation  known  as  the  mayor,  aldermen 
and  commonalty  of.  the  city  of  New  York,  shall 
remain  in  full  force  and  effect,  except  that 
the  same  shall  he  carried  out  by  the  corpora- 
tion hereby  constituted,  to  wit:  The  city  of 
New  York,  and  under  such  name  and  in  such 
form  and  manner  as  may  be  suitable  to  the 
administration  of  said  corporation:  and  all 
the  pledges,  taxes,  assessments,  sinking  funds 
and  other  revenues  and  securities  provided 
hy  law  for  the  payment  of  the  debts  of  the 
municipal  and  public  corporations  aforesaid 
shall  be  in  good  faith  enforced,  maintained 
and  carried  out  by  the  corporation  of  the  city 
of  New  York.  All  the  valid  debts  of  the  mu- 
nicipal and  public  corporations  mentioned  in 
the  first  section  of  this  act,  including  the 
county  of  Kings  and  the  county  of  Richmond 
and  the  proportion  of  the  debt  of  the  county 
of  Queens  and  of  the  town  of  Hempstead 
aforesaid,  and  the  valid  debts  of  the  towns, 
incorporated  villages  and  school  districts 
herein  united  and  consolidated  with  the  cor- 
poration heretofore  known  as  the  mayor,  al- 
dermen and  commonalty  of  the  city  of  New 
York  into  the  city  of  New  York,  as  well  as 
the  debts  of  the  latter  corporation,  shall  be 
the  common  debt  of  the  city  of  New  York,  as 
hereby  constituted.  So  far  as  resort  to  taxa- 
tion is  authorized  or  necessary  to  pay  such 
debts,  such  taxation  shall  extend  equally 
throughout  the  territory  of  the  corporation 
herein  constituted,  except  that  all  assess- 
ments for  benefits  heretofore  laid  or  provided 
to  be  laid  for  the  payment  of  any  portion  of 
such  debts  or  to  reimburse  any  of  the  said 
municipal  and  public  corporations  which  cre- 
ated such  debt  in  respect  thereof,  shall  be  pre- 
served and  Enforced,  It  being  the  intent  here- 
of that  the  obligations  and  liability  of  the 
City  of  New  York  as  the  successor  of  munici- 
palities and  public  corporations  consolidated 
into  it  shall  he  the  same  as  and  not  otherwise 
or  greater  than  the  respective  obligations  and 
liabilities  of  the  several  constituent  corpora- 
tions, and  that  the  city  of  New  York  shall 
succeed  to  all  of  their  rights  as  well  as  to 
their  obligations  and  liabilities  in  respect 
thereof,  except  as  herein  otherwise  specially 
provided.. 

Effect  where  only  a part  of  a corpora- 
tion is  annexed. 

Sec.  6.  Where  part  only  of  the  territory  of 
a municipal  or  public  corporation  is  embraced 
by  this  act  within  the  limits  of  the  city  of 
New  York,  as  herein  constituted,  the  respect- 
ive rights,  duties  and  liabilities  of  the  said  city 
and  of  the  municipal  or  public  corporations 
part  of  whose  territory  is  so  annexed  to  the  said 
city,  shall  be  as  in  this  act  provided.  If  any 
case  shall  arise  for  which  this  act  does  not 
make  provision,  or  full  and  adequate  provi- 
sion arising  out  of  such  annexation,  or  out  of 


the  consolidation  herein  provided  for,  the  mu- 
nicipal assembly  may  by  ordinance  make  pro- 
vision for  such  case,  or  for  its  equitable  de- 
termination, so  far  as  concerns  the  city  of 
New  York. 

Same  subject.  Creation  of  debt. 

Sec.  7.  No  municipal  or  public  corporation, 
part  of  whose  territory  is  annexed  to  the  city 
of  New  York,  shall  hereafter  create  any  debt 
which  shall  bind  property  within  the  city  of 
New  York,  nor  shall  such  municipal  or  public 
corporation  levy  any  tax  or  assessment  upon 
property  within  the  city  of  New  York,  as  here- 
in constituted. 

Transfer  of  property;  counties  not  to 
become  Indebted. 

Sec.  8.  In  consideration  of  the  foregoing 
provisions  whereby  the  city  of  New  York, 
as  hereby  constituted,  assumes  as  afore- 
said the  valid  debts,  obligations  and  liabil- 
ities of  the  municipal  and  public  corpora- 
tions including  the  counties,  towns,  in- 
corporated villages  and  school  districts  as 
aforesaid,  and  to  carry  out  the  scheme  and 
purpose  of  this  act,  all  of  the  public  buildings, 
institutions,  public  parks,  water  works  and 
property  of  every  character  and  description, 
whether  of  a public  or  private  nature,  here- 
tofore owned  and  controlled  by  any  of  the 
said  municipal  and  public  corporations  or 
parts  thereof,  hereby  consolidated  into  the 
city  of  New  York,  Including  any  and  all  such 
property  owned  by  the  county  of  New  York, 
the  county  of  Kings  and  the  county  of  Rich- 
mond wherever  situated,  and  by  the  county 
of  Queens  situated  in  that  portion  thereof 
which  is  Included  within  the  limits  of  the 
city  of  New  York,  as  constituted  by  this  act, 
and  all  the  right,  title  and  interest  of  the  said 
municipal  and  public  corporations  and  coun- 
ties as  aforesaid,  or  any  of  them,  in  and  to 
such  property,  are  hereby  vested  in  the  city 
of  New  York  and  divested  out  of  the  said  cor- 
porations and  counties,  and  the  power  of  said 
municipal  and  public  corporations  and  of  the 
said  counties  of  New  York,  Kings  and  Rich- 
mond to  become  Indebted,  shall  cease  upon  the 
consummation  and  taking  effect  of  the  consol- 
idation herein  provided  for.  There  is  except- 
ed from  the  provisions  of  this  section  the 
court  house  and  county  buildings  in  the  coun- 
ty of  Queens  situated  within  the  limits  of  the 
city  of  New  York  as  hereby  Constituted. 

Former  funds;  payable  to  the  city  of 

New  York. 

Sec.  9.  All  funds  and  moneys  which,  on  the 
first  day  of  January,  1898,  shall  be  held  by  or 
be  payable  to  the  receiver  of  taxes  or  the 
county  treasurer  of  the  county  of  Richmond, 
or  any  officer  of  any  of  the  municipal  and 
public  corporations,  or  parts  of  municipal  and 
public  corporations,  hereby  consolidated  with 
the  corporation  heretofore  known  as  the 
mayor,  aldermen  and  commonalty  of  the  city 
of  New  York,  as  well  as  all  funds  and  moneys 
then  held  by  or  payable  to  any  officer  of  said 
last  named  corporation,  shall  be  deemed  to 
be  held  by  and  be  payable  to  the  corporation 
of  the  city  of  New  York,  constituted  by  this 
act,  solely  as  the  funds  and  moneys  of  said 
corporation,  and  upon  the  day-  aforesaid  shall 
be  delivered  to  the  officer  of  said  corporation 
entitled  by  this  act  to  hold  and  control  the 
same.  All  taxes  levied  against  the  town  of 
Hempstead  iu  the  year  eighteen  hundred  and 
ninety-seven  shall  be  collectable  and  payable 
according  to  the  provisions  of  the  existing 
laws. 

Expenses  of  the  city  for  the  year  1898. 

See.  10.  In  the  year  1897  it  shall  be  the  duty 
of  the  proper  authorities  of.  the  various  mu- 
nicipal and  public  corporations  consolidated 
1 by  this  act  into  the  city  of  New  York  to  pre- 


pare a budget  for  the  year  1898,  as  required 
by  existing  law,  and  to  levy  taxes  for  the  year 
1898  in  the  year  1897,  as  required  by  existing 
law,  as  though  such  municipal  and  public  cor- 
porations were  not  to  be  consolidated  into  the 
city  of  New  York;  and  in  so  far  as  such  taxe-s 
shall  remain  uncollected  on  the  first  day  of 
January,  1898,  they  shall  become  valid  liens 
due  to  the  corporation,  by  this  act  consti- 
tuted, and  shall  be  collected  by  it  through  the 
appropriate  officers  of  the  city  of  New  York  as 
hereby  constituted,  pursuant  in  all  respects 
to  the  laws  under  which  said  taxes  were  levied 
and  were  to  be  collected.  On  and  after  Janu- 
ary first,  1893,  the  funds  received  by  the 
chamberlain  of  the  city  of  New  York,  under 
this  act,  and  the  proceeds  of  revenue  bonds 
issued  in  anticipation  of  the  taxes  for 
the  year  1898  in  the  city  of  New  York, 
as  constituted  prior  to  the  passage  of 
this  act,  and  the  proceeds  of  the  tax 
levy  therein  of  the  year  1898,  may  be  used  for 
the  expenses  of  the  city  of  New  York,  as  con- 
stituted by  this  act,  in  such  manner  as  the 
board  of  estimate  and  apportionment  for  that 
year  may  determine;  and  it  shall  be  the  duty 
of  the  board  of  estimate  and  apportionment 
to  apportion  the  said  funds  to  the  various 
city  departments  as  created  by  this  act.  so 
that  such  funds  shall  be  used,  as  nearly  as 
may  be,  for  the  objects  for  which  they  were 
raised.  The  board  of  estimate  and  apportion- 
ment, during  the  year  1898,  shall  have  power 
to  direct  the  issue  of  revenue  bonds  of  the  city 
of  New  York,  to  be  redeemed  out  of  the  tax 
to  be  paid  in  the  year  1899,  for  such 
purposes  and  iu  such  amounts  as  may 
be  necessary  to  provide  for  the  efficient 
conduct  of  the  city  in  all  its  depart- 
ments during  the  year  1898,  provided  that  the 
sums  so  raised  in  the  year  1898  shall  be  subject 
to  be  raised  by  taxation  upon  the  various  bor- 
oughs on  the  basis  elsewhere  provided  in  this 
act. 

Expense  of  public  schools  for  the  year 

1898. 

Sec.  11.  The  board  of  estimate  and  appor- 
tionment shall,  out  of  the  residue  of  the 
various  funds  raised  for  the  support  of  the 
public  schools  of  the  different  parts  of  the 
city  during  the  year  1898,  constitute  from  and 
after  July  first,  1898,  the  special  school  fund 
and  the  general  school  fund  for  the  year  1898, 
so  that  the  schools  of  the  city  may  begin  in 
the  autumn  of  the  year  1898  to  be  conducted 
upon  the  basis  of  this  division  of  funds,  and 
in  general,  upon  the  system  hereinafter 
prescribed  in  this  act.  Up  to  July  first,  1898, 
the  school  money  shall  be  spent  as  raised, 
foi‘  all  school  purposes,  by  the  various  school 
boards  respectively.  It  shall  be  the  duty  of 
the  board  of  education,  as  constituted  under 
this  act,  to  make  all  appointments  therein 
provided  for,  and  to  adopt  the  necessary  by- 
laws at  such  time  and  in  such  manner,  that 
the  now  system  for  the  administration  of  the 
public  schools  of  the  city,  as  provided  by 
this  act,  shall  go  into  full  effect  on  July  first, 
1898. 

CHAPTER  II. 

LEGISLATIVE  DEPARTMENT. 
Legislative  power;  where  vested. 

Sec.  17.  The  legislative  power  , of  the  City  | 
of  New  York  shall  be  vested  in  two  houses 
to  be  known,  respectively,  as  the  council  and 
the  board  of  aldermen,  to  be  together  styled 
“The  Municipal  Assembly  of  the  City  of  New 
York,” 

Council, number  of;  president;  quorum; 

salaries. 

Sec.  18.  The  council  shall  consist  of  twenty- 
nine  members,  one  of  whom  shall  be  its 
president.  The  president  shall  be  chosen  on 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


7 


a general  ticket  by  the  qualified  voters  of  the 
city,  at  the  same-  time  ana  for  the  same  term 
as  herein  prescribed  for  the  mayor.  He  shall 
be  known  as  the  president  of  the  council, 
and,  shall,  except  as  herein  provided,  possess 
all  the  rights,  privileges  and  powers  and  per- 
form the  duties  now  conferred  or  imposed  by 
law  upon  the  president  of  the  board  of  aider- 
men,  of  the  mayor,  aldermen  and  commonalty 
of  the  city  of  New  York.  A majority 
of  all  the  members  elected  to  the  coun- 
cil shall  constitute  a quorum.  The  sal- 
ary of  the  president  of  the  council  shall  be 
live  thousand  dollars  a year.  The  salary  of 
the  other  members  of  the  council  shall  be 
one  thousand  five  hundred  dollars  a year. 
Council,  liow  cliosen;  council  «li.s»tricts. 

Sec.  19.  The  remaining  twenty-eight  mem- 
bers of  the  council  shall  be  chosen  at  the 
same  election  in  the  manner  following: 

The  city  of  New  York  as  constituted  by  this 
aot  is  hereby  divided  into  ten  council  districts 
bounded  and  described  as  follows,  to  wit: 

First — All  that  part  of  the  city  of  New'  York 
as  heretofore  constituted  comprising  the  pres- 
ent First,  Second,  Fourth,  Sixth,  Eighth, 
Tenth,  Twelfth,  Fourteenth  and  Sixteenth  as- 
sembly districts. 

Second — All  that  part  of  the  city  of  New 
York  as  heretofore  constituted  comprising  the 
present  Third.  Fifth,  Seventh,  Ninth,  Elev- 
enth, Thirteenth,  Fifteenth,  Seventeenth, 
Twenty-fifth  and  Twenty-seventh  Assembly 
districts. 

Third — All  that  part  of  the  city  of  New 
York  as  heretofore  constituted  comprising 
the  present  Eighteenth, Twentieth, Twenty-sec- 
ond, Twenty-fourth,  Twenty-sixth,  Twenty- 
eighth,  Thirtieth,  Thirty-second  and  Thirty- 
third  assembly  districts. 

Fourth — All  that  part  of  the  city  of  New 
York  as  heretofore  constituted  comprising  the 
present  Nineteenth,  Twenty-first,  Twenty- 
third,  Twenty-ninth  and  Thirty-first  Assem- 
bly districts,  and  that  part  of  the  Thirty- 
fourth  Assembly  district  lying  south  of  the 
Harlem  river. 

Fifth — All  that  part  of  the  city  of  New 
York  as  heretofore  constituted  comprising 
that  part  of  the  present  Thirty-fourth  Assem- 
bly district  lying  north  and  east  of  the  Harlem 
river  and  the  whole  of  the  Thirty-fifth  As- 
sembly district,  together  with  the  district 
known  as  the  annexed  district  of  said  city, 
being  all  that  part  of  the  city  of  New  York 
Ir-ng  north  and  east  of  the  Harlem  river. 

.Sixth — All  that  part  of  the  former  city  of 
Ricoklyn  comprising  the  present  Thirteenth, 
'Fourteenth,  Fifteenth,  Sixteenth,  Seventeemth, 
Eighteenth,  Nineteenth,  Twenty-first,  Twenty- 
fifth,  Twenty-seven'th  and  Twenty-eighth 
wards  of  said  city. 

Seventh — All  that  part  of  the  former  city  of 
Brooklyn  comprising  the  present  Seventh, 
Ninth,  Twentieth,  Twenty-second,  Twenty- 
third,  Twenty-fourtfa,  Twenty-sixth,  Twenty- 
ninth  and  Thirty-second  wards  of  said  city. 

Eighth — All  that  part  of  the  former  city  of 
Brooklyn  co'mprising  the  present  First,  Sec- 
ond, Third,  Fourth,  Fifth,  Sixth,  Eighth, 
Tenth,  Eleventh,  Twelfth,  Thirtieth  and 
Thirty-first  wards  of  said  city. 

Ninth — Taart  part  of  Queens  county  included 
In  the  city  of  New  York  as  constituted  by  this 
act. 

Tenth — The  county  of  Richmond. 

From  each  of  the  first  eight  of  the  said  coun- 
cil districts  there  shall  be  elected  three  mem- 
bers of  the  council. 

From  that  part  of  the  County  of  Queens  in- 
cluded within  the  city  of  New  York  as  con- 
stituted by  this  act,  comprising  the  Ninth 
of  said  council  districts,  there  shall  be 
elected  two  members  of  the  council;  one  of 
said  members  shall  be  elected  from  those 


parts  of  said  county  heretofore  known  as 
Long  Island  City  and  the  town  of  Newtown; 
and  the  other  of  said  members  shall  be  elect- 
ed from  those  parts  of  said  county  hereto- 
fore known  as  the  towns  of  Jamaica  and 
Flushing  and  that  part  of  the  town  of  Hemp- 
stead included  within  the  City  of  New  York 
as  hereby  constituted. 

From  the  County  of  Richmond,  comprising 
the  Tenth  of  the  said  council  districts,  there 
shall  be  elected  two  members  of  the  council. 

Term  of  office  of  members  of  tlie  coun- 
cil. 

Sec.  20.  The  term  of  office  of  each  member 
of  the  council  shall  commence  on  the  first 
Monday  of  January  after  his  election,  and 
shall  continue  for  four  years  thereafter,  and 
until  his  succe.ssor  shall  be  elected  and  has 
qualified.  The  president  and  members  of 
the  council  shall  be  elected  at  the  general 
election  in  the  year  1897,  and  every  four  years 
thereafter. 

Mayor,  an  ex-officio  member  of  tbe 
council. 

Sec.  21.  Every  ex-mayor  of  the  City  of  New 
York  as  constituted  by  this  act  shall,  so 
long  as  he  remains  a resident  of  said  city,  be 
entitled  to  a seat  in  tbe  council  and  to  par- 
ticipate in  its  discussions,  but  he  shall  cot 
be  entitled  to  a vote. 

Time  of  meeting  of  council. 

Sec.  22.  The  first  meeting  of  said  council 
m eiach  year  shall  be  held  on  the  first  Monday 
of  January,  at  noon. 

Wlien  President  of  council  to  act  as 
mayor;  powers;  temporary  cliairman 
of  council. 

Sec.  23.  Whenever  there  shall  be  a vacancy 
in  the  cfiice  of  mayor,  or  whenever  by  reason 
of  sickness  or  absence  from  the  city  the 
mayor  shall  be  prevented  from  attending  to 
the  duties  of  his  office,  the  president’  of  the 
council  shall  act  as  mayor,  and  possess  all 
the  rights  and  powers  of  mayor  during  such 
disability  or  absence.  In  case  of  a vacancy 
he  shall  so  act  until  noon  of  the  first  Mon., 
day  of  January  succeeding  the  election  at 
which  the  mayor’s  successor  shall  be  chosen; 
and  at  the  next  general  election,  at  which 
municipal  officers  shall  be  elected,  which 
shall  take  place  more  than  thirty  days 
after  the  occurrence  of  a vacancy  in  the  of- 
fice of  mayor,  a successor  shall  be  chosen, 
who  shall  hold  for  the  unexpired  term.  It 
shall  not  be  lawful  for  the  president  of  the 
council,  when  acting  as  mayor  in  consequence 
of  the  sickness  or  absence  from  the  city 
of  the  mayor,  to  exercise  any  power 
of  appointment  to  or  removal  from  office,  un- 
less such  sickness  or  absence  of  the  mayor 
shall  have  continued  ten  days;  or  to  sign, 
approve  or  disapprove  any  ordinance  or  reso- 
lution, unless  such  sickness  or  absence  shall 
have  continued  at  least  nine  days.  The  coun- 
cil shall  elect  a vice-chairman  to  preside  over 
the  meetings,  who  shall  possess  the  powers 
and  perform  the  duties  of  the  president  of 
the  council,  when  said  .president  is  sick,  ab- 
sent or  under  suspension,  or  while  the  presi- 
dent of  the  council  is  acting  as  mayor,  or 
when  a vacancy  occurs  in  said  office,  and 
who  shall,  during  such  time,  be  a member  of 
every  board  of  which  the  president  of  said 
council  is  a member  by  virtue  of  his  office. 

Boaril  of  alilermen,  bow  constitated ; 
term  of  office;  vacancies,  bow  filled; 
salary. 

Sec.  24.  The  board  of  aldermen  shall  be 
elected  at  the  general  election  in  the  year 
1897,  and  every  two  years  thereafter,  and 
shall  consist  of  one  member  elected  from 
each  of  the  assembly  districts  within  the  ter- 
ritory of  the  city  of  New,  York,  as  constituted 


by  this  act,  or  as  such  assembly  districts  may 
hereafter  be  changed  by  law;  provided,  how- 
ever, that  in  the  county  of  Queens,  until  oth- 
erwise provided  by  law,  one  member  of  said 
board  of  aldermen  shall  be  elected  from  those 
parts  of  said  county  heretofore  known  as 
Long  Island  City  and  the  town  of  Newtown; 
and  one  member  shall  he  elected  from  those 
parts  of  said  county  heretofore  known  as  the 
towns  of  Jamaica  and  Flushing  and  that  part 
of  the  town  of  Hempstead  included  within  the 
city  of  New  York,  as  hereby  constituted;  and 
provided,  further,  that  one  member  of  the 
board  of  aldermen  shall  be  elected  from  those 
parts  of  the  First  and  Second  assembly  dis- 
tricts of  Westchester  county,  included  in  the 
borough  of  the  Bronx.  The  term  of  office  of 
each  alderman  shall  commence  on  the  first 
Monday  of  January,  after  his  election,  and 
shall  continue  for  two  years  thereafter,  and 
until  his  successor  shall  be  elected  and 
has  qualified.  Any  vacancy  which  may 
occur  in  the  council  or  the  board  of 
aldermen  shall  be  filled  by  election, 
by  either  of  said  bodies  respectively,  by 
a majority  of  all  the  members  elected  thereto; 
and  the  person  so  elected  to  fill  any  such  va- 
cancy shall  serve  for  the  unexpired  portion  of 
the  term.  The  salary  of  members  of  the 
board  of  aldermen  shall  be  one  thousand  dol- 
lars a year. 

I«l.;  quorum. 

Sec.  25.  A majority  of  all  the  mem- 
bers elected  to  the  board  of  aldermen 
shall  constitute  a quorum.  Each  head  of  an 
administrative  department  of  the  city  shall  be 
entitled  to  a seat  in  said  board  and  shall 
whenever  practicable  attend  the  meetings  of 
the  board,  and  shall  have  the  right  to  parti- 
cipate in  its  discussions,  but  shall  not  have 
the  right  to  vote.  If  an  administrative  de- 
partment is  composed  of  more  than  one  mem- 
ber, the  president  or  presiding  officer  of  such 
department  shall  be  entitled  to  such  seat. 

Irt.;  how  president  elected  and  re- 
moved. 

Sec.  26.  The  board  of  aldermen  shall,  at  its 
first  meeting  which  shall  be  at  noon  on  the 
first  Monday  of  January,  after  each  alderman- 
ic  election,  by  the  affirmative  vote  of  a major- 
ity of  those  present  and  constituting  a quorum, 
choose  a president  from  its  own  members,  by 
a call  of  the  names  of  the  members  of  the 
board,  upon  which  call  each  member  shall 
announce  his  choice,  and  when  once  chosen, 
such  president  can  be  removed  before  the 
expiration  of  his  term  as  alderman,  when 
his  term  as  president  shall  expire,  only  by 
a vote  taken  by  a call  of  ayes  and  noes, 
of  four-fifths  of  all  the  members  elected  to 
the  board. 

Council  and  board  of  aldermen;  ser- 
geant-at-arms; rules,  journals,  sit- 
tings; expulsion  of  members. 

Sec.  27.  The  council  and  the  board  of  aider- 
men  may  each  elect  a sergeant-at-arms  and 
such  assistants  as  are  needful  to  the  orderly 
conduct  of  their  meetings,  provided,  however, 
that  no  expenditures  for  salaries  of  such  ser- 
geant-at-arms and  such  assistants  shall  ex- 
ceed the  amount  appropriated  therefor  in  the 
annual  budget.  Each  of  said  bodies  shall  de- 
termine the  rules  of  its  own  proceedings; 
shall  each  be  the  judge  of  the 'election  returns 
and  qualifications  of  its  own  members;  sub- 
ject, however,  to  review  by  certiorari  of 
any  court  of  competent  jurisdiction;  shall 
each  keep  a journal  of  its  proceedings;  shall 
each  sit  with  open  doors;  shall  each  have 
authority  to  compel  the  attendance  of  absent 
members  and  to  punish  its  members  for  dis- 
orderly behavior;  and  to  expel  any  member 
with  the  concurrence  of  two-thirds  of  all  th« 
members  elected  to  such  body.  Evejy  meat- 


8 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


ber  so  expelled  shall  thereby  forfeit  all  his 
rights  and  powers,  subject,  however,  to  ju- 
dicial review  on  certiorari. 

City  clerk;  appointment,  term,  duties; 

papers  certified  by  him  to  be  evi- 
dence. 

Sec.  28.  The  council  shall,  at  the  first  meet- 
ing, appoint  a clerk,  who  shall  perf.orm  such 
duties  as  may  be  prescribed  for  him.  The 
clerk  so  appointed  shall  also  be  the  city  clerk 
and  the  clerk  of  the  municipal  assembly,  and 
hold  his  office  for  six  years,  and  until  his 
successor  shall  be  appointed  and  has  quali- 
fied, unless  removed  for  cause.  The  city 
clerk  shall  have  charge  of  all  the  papers  and 
documents  of  the  city,  except  such  as  are  by 
law  committed  to  the  keeping  of  the  several 
departments  or  of  other  officers,  and  shall 
keep  the  record  of  the  proceedings  of  the  mu- 
nicipai  assembly.  He  shall  engross  all  the 
ordinances  of  the  municipal  assembly  in  a 
bpok  to  be  provided  for  that  purpose,  with 
proper  Indices,  which,  book  shall  be  deemed 
a public  record  of  such  ordinances,  and  each 
ordinance  shall  be  attested  by  said  clerk. 
Copies  of  all  papers  duly  filed  hi  his  office, 
and  transcripts  thereof,  and  of  the  records 
of  proceedings  of  the  municipal  assembly, 
and  copies  of  the  laws  and  ordinances  of  said 
city,  certified  by  him  under  the  corporate 
seal,  shall  be  evidence  in  all  courts  and 
places  of  the  matters  therein  contained.  Said 
clerk  shall  appoint  a clerk  for  the  board  of 
aldermen,  who,  apart  from  his  service  dur- 
ing the  meetings  of  said  board  of  aldermen 
shall  be  in  all  things  subject  to  his  direc- 
tion and  control.  Said  city  clerk  may  be  re- 
moved on  charges  by  a two-thirds  vote  of  all 
the  members  of  the  council,  subject,  how- 
ever, to  judicial  review  on  certiorari.  The 
said  city  clerk  shall  collect  the  following  fees: 
For  a copy  of  any  book,  account,  record  or 
other  paper  filed  in  his  office,  five  cents  for 
each  folio;  for  a certification  of  any  book, 
account,  record  or  other  paper  filed  in  his  of- 
fice, twenty-five  cents,  and  five  cents  in  addi- 
tion for  each  folio  in  excess  of  five;  for  each 
bond  filed  in  his  office,  twelve  cents;  for  filing 
all  other  papers  required  by  law  to  be  filed 
in  his  office,  six  cents;  lor  a certificate  of  ap- 
pointment of  a commissioner  of  deeds,  twenty- 
five  cents.  [Thus  amended  by  Chapter  698, 
Laws  of  1899.] 

City  clerk;  proceedings  of  municipal 

assembly. 

Sec.  29.  Immediately  after  the  adjournment 
ef  each  meeting  of  the  municipal  assembly. 
It  shall  be  the  duty  of  the  city  clerk  to  pre- 
pare a brief  extract,  omitting  all  technical  and 
formal  details,  of  all  resolutions  and  ordi- 
nances introduced  or  passed,  and  of  all 
recommendations  of  committees,  and  of  all 
final  proceedings,  as  well  as  full  copies  of  all 
messages  from  the  mayor  and  all  reports  of 
departments  or  officers.  He  shall  at  once 
transmit  the  same  to  the  person  appointed  to 
supervise  the  publication  of  the  City  Record 
to  be  published  therein. 

Certain  ordinances  and  resolutions; 

bow  passed  and  aiiproved;  ayes  and 

noes  published. 

Sec.  30.  No  ordinance  or  resolution  pro- 
viding for  or  contemplating  the  alienation  or 
disposition  of  any  property  of  the  city, 
the  granting  of  a franchise,  terminating 
the  lease  of  any  property  or  franchise 
belonging  to  the  city,  or  the  making  of  any 
specific  improvement,  or  the  appropriation  or 
expenditure  of  public  moneys,  or  authorizing 
the  incurring  of  any  expense,  or  the  taxing 
or  assessing  of  property  in  the  city,  shall 
pass  the  council  or  board  of  aldermen  at  the 
same  session  at  which  it  is  first  offered,  un- 
less by  unanimous  consent;  and  the  same 


shall  not  be  finally  passed  or  adopted 
by  the  municipal  assembly  until  at 

least  five  days  after  such  abstract  of  Its 
provisions  shall  have  been  published,  as 
provided  in  section  29.  No  such  or- 
dinance or  resolution  shall  be  approved 
by  the  mayor  until  three  days  after 
such  abstract  shall  have  been  so  published 
after  its  passage;  but  if  'an  abstract  of  any 
resolution  or  ordinance  shall  have  been  once 
published  after  its  Introduction,  it  shall  not 
thereafter  be  necessary  to  publish  the  same 
again,  but  only  to  refer  to  the  date  and  page 
of  the  former  in  the  City  Record,  and  to  state 
the  amendments,  if  any,  made  thereto.  In  all 
cases  the  ayes  and  noes  upon  the  final  pas- 
sage of  such  resolution  or  ordinance  shall  be 
taken,  recorded  and  published. 

Records  open  for  inspection;  other 

duties  of  clerk;  sickness. 

Sec.  31.  It  shall  be  the  duty  of  the  city  clerk 
to  keep  open  for  iuspection,  at  all  reasonable 
times,  the-records  and  minutes  of  the  proceed- 
ings of  the  municipal  assembly.  He  shall 

keep  the  seal  of  the  city,  and  his 
signature  shall  be  necessary  to  all 
leases  by  the  city  of  its  property,  and  to 
all  grants  and  other  documents,  as  under  ex- 
isting laws.  In  the  absence  of  said  clerk  by 
sickness  or  otherwise,  his  first  deputy  shall  be 
vested  with  and  possessed  of  all  the  rights  and 
powers,  and  be  charged  with  all  the  duties,  by 
this  section  or  by  law  or  ordinance  imposed 
upon  said  clerk. 

Id.;  reeord.s  and  papers  delivered  to 

and  kept  by  the  clerk;  clerks  in  bor- 
oughs. 

Sec.  32.  All  the  muniments,  records,  patents, 
deeds,  minutes,  writings  and  papers  belonging 
to  the  mayor,  aldermen  and  commonalty  of 
the  city  of  New  York,  now  in  the  custody  of 
the  clerk  of  the  board  of  aldermen  thereof, 
shall  be  delivered  to  and  be  kept  by  the  city 
clerk.  The  city  clerk  sihall  be  the  custodian 
of  all  like  muniments,  records,  patents,  deeds, 
minutes,  writings  and  other  papers  belonging 
to  any  of  the  municipal  and  public  corporations 
by  this  act  united  and  consolidated  into  the 
city  of  New  York,  and  shall  have  power  to 
appoint  a clerk  in  each  of  the  boroughs 
constituted  by  this  act,  who  shall  have  charge 
of  the  same,  subject  to  the  direction  and  con- 
trol of  said  city  clerk  and  of  the  municipal  as- 
sembly. 

Id.;  salary  and  deputies. 

Sec.  33.  The  salary  of  the  city  clerk  shall 
be  $7,000  a year,  and  he  may  appoint  such 
deputies  or  clerks  as  are  necessary  to  the 
discharge  of  his  duties,  provided  that  the  ag- 
gregate salaries  of  such  deputies  and  clerks, 
including  the  salary  of  the  city  clerk,  shall 
not  exceed  in  any  one  year  the  sum  appro- 
priated therefor  in  the  annual  budget. 

Licenses  to  auctioneers. 

Sec.  34.  The  city  clerk  shall  have  authority 
to  grant  licenses  to  any  person  engaged  in 
and  carrying  on  the  business  and  occupation 
of  auctioneer,  or  desiring  to  be  so  engaged, 
on  such  person  filing  a bond  approved 
by  him  with  two  good  sureties  in  the 
penal  sum  of  $2,000.  The  president  of 
the  council,  on  complaint  of  any  per- 
son having  been  defrauded  by  any  auctioneer, 
or  by  the  clerk,  agent  or  assignee  of  such  auc- 
tioneer, doing  business  in  said  city,  is  author- 
ized and  directed  to  take  testimony  under 
oath  relating  thereto;  and  if  the  charge  shall, 
in  his  opinion,  be  sustained,  he  shall  revoke 
the  license  granted  to  him  and  direct  the 
bonds  to  be  forfeited. 

Municipal  assembly;  Journal;  fiyes  and 

noes. 

Sec.  35.  Each  house  shall  keep  a journal  of 


its  proceedings,  and  the  ayes  and  noes  of  the 
members  on  any  question  shall,  at  the  de- 
sire of  any  two  members,  be  taken  and  enter- 
ed therein.  The  ayes  and  noes  shall  be  called 
and  recorded  on  the  final  passage  of  any  or- 
dinance. 

Id.;  no  member  elisible  to  any  elty 

olliee. 

Sec.  36.  No  member  of  the  municipal  assem- 
bly shall,  during,  the  term  for  which  he  is 
elected,  be  eligible’ or  be  appointed  to  any  other 
office  under  the  city,  nor  shall  any  member  of 
said  assembly,  while  such,  be  a contractor 
with  or  an  employe  of  the  city,  or  of  either 
branch  of  the  said  assembly  in  any  capacity 
whatever. 

Id.;  meetings. 

Sec.  37.  The  stated  and  occasional  meetings 
of  the  municipal  assembly  and  its  proceedings 
and  business  shall  be  regulated  by  its  own 
resolutions  and  rules,  provided,  however, 
that  at  least  one  stated  meeting  shall  be 
held  each  month,  except  in  the  discreiion  of 
the  municipal  assembly  in  August  and-  -Sep- 
tember. The  mayor  may  at  any  time  call  a 
special  meeting  of  the  municipal  assembly. 
He  shall  call  such  meeting  when  a requisition 
for  that  purpose,  signed  by  nine  members  of 
the  board  of  aldermen  and  three  members  of 
the  council,  has  been  presented  to  him.  Three 
days  before  any  special  meeting  of  the  mu- 
nicipal assembly  is  held,  notice  of  the  time 
of  the  intended  meeting  and  cf  the  business 
proposed  to  be  transacted,  signed  by  the  may- 
or, shall  be  published  in  the  City  Rec- 
ord, and  at  the  same  time  the  city 

clerk  shall  cause  a copy  of  such  notice 
to  be  left  at  or  sent  by  post  to  the  usual 
place  of  abode  or  of  business  of  each  membe: 
of  the  municipal  assembly,  but  want  of 
service  of  a notice  upon  any  member  shall 
not  affect  the  validity  of  a meeting.  No 
business  shall  be  transacted  at  a special 
meeting  other  than  that  specified  in  the  no- 
tice relating  thereto. 

Id.;  style  of  ordinances. 

Sec.  38.  The  style  of  ordinances  shall  be: 
“Be  it  ordained  by  the  municipal  assembly  of 
the  City  of  New  York,  as  follows”: 

Id.;  vote  reqalred  to  pass  ordinances 

and  resolutions. 

Sec.  39.  Every  legislative  act  of  the  muni- 
cipal assembly  shall  be  by  ordinance  or  reso- 
lution. No  ordinance  or  resolution  shall  be 
passed  except  by  a vote  of  a majority  of  all 
the  members  elected  to  each  bouse.  In  case 
any  ordinance  or  resolution  involves  the  ex- 
penditure of  money,  the  creation  of  a 
debt,  the  laying  of  an  assessment,  or 
the  grant  of  a franchise,  the  votes  of  three- 
fourths  of  all  the  members  elected  to  each 
house  shall  be  necessary  to  its  passage.  No 
money  shall  be  expended  for  any  celebration, 
procession,  funeral  ceremony,  reception  or 
entertainment  of  any.  kind,  or  on  any  occa- 
sion, unless  by  the  votes  of  four-fifths  of  all 
the  .members  elected  to  each  house.  No 
additional  allowance  beyond  the  legal 
claim  which  shall  exist  under  any  contract 
with  the  corporation  or  with  any  department 
or  officer  thereof  or  for  any  services  on  its  ac- 
count or  in  its  employment,  shall  ever  be 
passed  by  the  municipal  assembly,  except  by  the 
unanimous  vote  of  both  houses  thereof,  and 
in  all  cases  the  provisions  of  any  such  contract 
shall  determine  the  amount  of  any  claim 
thereunder  or  in  connection  therewith,  against 
the  said  corporation,  or  the  value  of  any  such 
services. 

Mayor’s  veto. 

Sec.  40.  Every  ordinance  or  resolution  shall, 
before  it  takes  effect,  be  presented,  duly 
certified,  to  the  mayor  for  his  approval.  Th# 


9 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


mayor  shall  return  such  ordinance  or  resolu- 
tion to  the  house  in  which  it  originated, .within 
ten  days  after  receiving  it.  or  at  the  next 
meeting  of  the  house  after  the  expiration  of 
said  ten  days,  unless  such  ordinance  or  reso- 
lution be  one  of  those  mentioned  in  section  30 
of  this  act,  in  which  case  the  mayor,  shall  re- 
turn said  ordinance  or  resolution  to  the  house 
in  which  it  originated  within  ten  days  after 
the  abstract  of  its  provisions  or  a reference 
thereto  shall  have  been  published  in  the  City 
Record  as  provided  in  said  section  30,  or  at 
the  next  meeting  of  the  house  after  the  expira- 
tion of  said  ten  days.  It  he  approve  it  he 
shall  sign  it.  If  he  disapprove  it,  he  shall 
specify  his  objection  thereto  in  writing.  If 
he  do  not  return  it  with  such  disapproval 
within  the  time  above  specified  it  shall  take 
effect  as  if  he  had  approved  it.  In  case  of 
disapproval  the  objections  of  the  mayor  shall 
be  entered  at  Urge  on  'the  journal  of  the 
house,  and  the  house  shall,  after  ten  days  and 
within  fifteen  days  after  such  ordinance  or 
resolution  shaU  have  been  returned  to  it,  pro- 
ceed to  reconsider  and  vote  upon  the  same.  If 
the  same  shall,  on  reconsideration,  be  again 
passed  by  the  vote  of  at  least  two-thirds  of 
all  the  members  elected  to  each  house,  it  shall 
take  effect;  provided  that  in  case  the  ordi,^ 
nance  or  resolution  involves  the  expenditure 
of  money,  the  creation  of  a debt,  »the  laying 
of  an  assessment,  or  the  grant  of  a fran- 
chise it  shall  require  a vote  of  five-sixths  of 
all  the  members  of  each  house  to  pass  it 
over  the  mayor’s  veto.  If  the  ordinance 
or  resolution  shall  fail  to  receive  upon 
the  first  vote  upon  such  reccns'ideraticn  such 
number  of  affirmative  votes  in  either  house, 
it  shall  be  .deemed  finally  lost.  In  all  ctiser 
the  vote  shall  be  taken  by  ayes  and  nue.s.  and 
the  names  of  the  persons  voting  for  or  against 
its  passage  on  such  reconsideration  shall  be 
entered  in  the  journal  of  the  house.  In  caso 
an  ordinance  or  resolution  shall  embrace 
more  than  one  distinct  subject  the  mayor  may 
approve  the  provisions  relating  to  one  or  more 
subjects  and  disapprove  the  others.  In  such 
case  those  he  shall  approve  shall  become  ef- 
fective, and  those  which  he  shall  not  ap- 
prove shall  be  reconsidered  by  the  house  and 
shall  only  become  effective  if  again  passed, 
as  above  provided. 

Ordinances  to  remain  In  force. 

Sec.  41.  Th_e  ordinances  now  in  force  re- 
spectively in  the  City  of  New  York,  the  City 
of  Brooklyn.  Long  Island  City,  and  the  other 
municipal  and  public  corporations  and  parts 
thereof  hereby  consolidated  with  the  City  of 
New  York,  are,  so  far  as  the  same  are  not  in- 
consistent with  this  act,  hereby  continued  in 
full  force  and  effect  within  the  former  limits 
of  said  respective  cities  and  municipal  and 
public  corporations,  or  parts  thereof,  sub- 
ject to  modification,  amendment  or  repeal  by 
the  municipal  assembly  of  the  City  of  New 
York.  Such  ordinances  may  be  enforced  by 
and  in  the  name  of  “The  City  of  New  York.’’ 

Power  to  acquire  additional  water 

works. 

Sec.  42.  The  municipal  assembly  is  author- 
ized, in  accordance  with  the  provisions  of  this 
act,  to  construct,  establish,  and  maintain,  or 
to  acquire  by  purchase  or  condemnation  and 
maintain  in  all  parts  of  the  city  additional 
water  works  to  supply  the  city  or  any  part 
thereof  and  its  Inhabitants  with  water  and  to 
provide  for  the  distribution  and  sale  to  the 
inhabitants  of  the  city  of  such  water  and  fix 
the  terms  thereof,  and  acquire  and  hold  prop- 
erty, real  and  personal,  within  and  beyond 
the  limits  of  the  city  for  said  purposes.  The 
municipal  assembly  may  pass  appropriate  or- 
dinances, not  inconsistent  with  law,  with  this 
act  or  with  any  vested  rights  of  existing  com-. 


panics  or  corporations  to  enforce  the  provi- 
sions of  this  section  and  to  carry  out  its  pur- 
poses. 

Id.;  to  restrict  lieinrlit  of  buildings. 

Sec.  43.  The  municipal  assembly  is  author- 
ized by  ordinance  to  regulate  and  restrict  the 
height  of  buildings  to  be  hereafter  erected  in 
the  city.  When  any  ordinance  on  that  sub- 
ject is  introduced,  the  municipal  assembly 
shall  provide  for  public  hearings  in  reference 
thereto  before  it  or  before  appropriate  com- 
mittees; and  no  ordinance  restricting  the 
height  of  buildings  shall  be  passed  unless  it 
is  approved  beforehand  by  the  board  of  pub- 
lic improvements  by  a resolution  or  vote  of  a 
majority  of  all  the  members  of  such  board 
entered  on,  its  minutes  or  record,  and  unless 
it  shall  be  passed  by  a majority  of  all  the  mem- 
bers elected  to  each  house  of  the  municipal 
assembly,  the  vote  being  taken  by  ayes  and 
nces. 

Power  to  npitoiiit  si>eciai  ooinmittees. 

Sec.  44.  The  municipal  assembly  shall  have 
power  and  it  shall  be  its  duty  to  see  to  the 
faithful  execution  of  the  laws  and  ordinances 
of  the  city;  and  the  municipal  assembly  may, 
by  joint  resolution,  appoint  from  time  to  time 
a special  committee  to  inquire  whether  the 
laws  and  ordinances  of  the  city  relating  to  any 
subject  or  to  any  department  of  the  city  gov- 
ernment are  being  faithfully  observed  and 
the  duties  of  the  officers  of  such  department 
or  of  any  officer  of  the  city  are  being  faith- 
fully discharged,  also  to  examine  and  re- 
port whether  there  are  any ’ unnecessary,  in- 
efficient cr  unfit  employes,  any'  excessive  sal- 
aries or  compensations  paid  and  generally 
in  respect  of  any  and  all  matters  which  will 
conduce  to  the  orderly  and  economical  admin- 
istration of  the  affairs  of  the  city  government 
or  any  department  thereof.  Such  committee 
shall  have  access  to  the  books  and  records 
of  the  city  or  of  any  department  or  officer 
thereof. 

Fraiifl'isos  for  street  rnilways:  ferries. 

Sec.  45.  The  municipal  assembly  is  author- 
ized to  grant  from  time  to  time  to  any  cor- 
poration thereunto  duly  authorized,  the  fran- 
chise or  right  to  construct  and  operate  rail- 
ways in.  upon,  over,  under  and  along  streets, 
avenues,  parkways  cr  highways  of  the  city,  but 
no  such  grant  shall  be  made  except  upon  the 
limitations  and  conditions  of  this  act  else- 
where provided  in  respect  of  the  grant  by  the 
municipal  assembly  of  franchises  and  rights 
in  the  streets,  avenues,  parkways  and  high- 
ways of  the  city.  And  further,  to  the  end 
that  cheap,  easy  and  convenient  intercourse 
may  be  had  between  all  parts  of  the  city,  the 
City  of  New  York,  as  hereby  constituted, 
shall  have  full  and  exclusive  power  to  'estab- 
lish, and  full  power  to  enjoy  by  leasing  the 
same  or  otherwise,  and  to  maintain  and  regu- 
late ferries  over  all  streams  and  waterways 
within  or  adjoining  the  limits  of  the  said 
city.  The  municipal  assembly  may  pass 
appropriate  ordinances  not  Inconsistent 
with  law  or  with  this  act,  or  with  the 
vested  rights  of  existing  companies  or  cor- 
porations to  enforce  the  provisions  of  this 
section  and  to  carry  out  its  purposes.  Nothing 
in  this  act  contained  shall  repeal  or  affect  in 
any  manner  the  provisions  of  the  rapid  transit 
acts  applicable  to  the  corporation  heretofore 
known  as  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York,  or  any  muni- 
cipality herein  united  therewith  or  territory 
embraced  therein,  or  to  repeal  or  affect  the 
existing  general  laws  of  the  state  in  respect 
to  street  surface  railroads. 

Municipal  assembly ; powers  and  duties 

of  former  boards. 

Sec.  46.  Except  as  otherwise  provided  in 


this  act,  all  the  powers  and  duties  conferred 
or  charged  upon  the  common  council  or  the 
mayor,  aldermen  and  commonalty  of  the  city 
of  New  York,  or  the  board  of  aldermen 
thereof,  or  upon  the  common  council  of  the 
City  of  Brooklyn  or  of  Long  Island  City, 
or  upon  any  board,  body  or  officer  of  any  of 
the  municipal  and  public  corporations  or  parts 
thereof,  hereby  consolidated  with  the  City  of 
New  York,  as  heretofore  known  and  bounded, 
shall  be  exercised  and  performed  by  the  mu- 
nicipal assembly  of  the  City  of  New  York,  as 
hereby  constituted,  subject,  nevertheless,  to 
the  power  of  approval  or  disapproval  by  the 
mayor  of  said  city,  as  provided  in  this  act. 

I«l.;  police,  henltb,  park,  lire  and  build- 
ing; rej^ulatioiis. 

Sec.  47.  ’The  municipal  assembly  shall  have 
poiwer  to  make,  establish,  alter,  modify,  amend 
and  repeal  all  ordinances,  rules,  police,  health, 
park,  fire  and  building  regulations,  not  con- 
trary to  the  laws  of  the  state,  or  the 
United  States,  as  they  may  deem  necessary  to 
carry  into  effect  the  powers  conferred  upon 
the  city  of  New  York  by  this  act,  or  by  any 
other  law  of  the  state,  or  by  grant,  and 
such  as  it  may  deem  necessary  and  proper 
for  the  good  government,  order  and  pro- 
tection of  persons  and  property,  and  for  the 
preservation  of  the  public  health,  peace  and 
prosperity  of  said  city,  and  its  inhabitants,  ex- 
cept so  far  as  the  legislative  power  respecting 
the  health,  police,  park,  fire  and  building  de- 
partments shall  be  conferred  upon  said  depart- 
ments respectively  by  the  provisions  of  this 
act,  and  except  that  any  modification 
of  the  existing  rules,  regulations  and 
ordinances  affecting  any  of  the  departments 
and  all  ordinances  to  be  passed  to  govern 
the  board  of  public  Improvements  or  any  of 
the  departments  thereof,  must  originate  with 
the  department  concerned,  or  with  said 
board,  and  must  be  adopted  or  rejected  by 
the  municipal  assembly  without  amendment. 

Id.;  further  powers;  bonds  for  speci- 
fied public  improvements. 

Sec.  48.  The  municipal  assembly  shall  have 
power  to  provide  by  ordinance  for  the  ac- 
quisition, construction,  or  establishment  o£ 
markets;  for  the  acquisition  and  construction 
of  parks,  parkways,  boulevards  and  drive- 
ways; for  the  building  of  bridges  and  the  es- 
tablishment of  ferries  over,  and  of  tunnels 
under  any  stream  or  waterway  within  or  ad- 
joining the  limits  of  the  city;  for  the  build- 
ing of  docks,  wharves  or  piers,  and  for  ac- 
quiring land  by  purchase  or  condemnation 
for  said  purposes;  for  acquiring  or  construct- 
ing public  buildings,  including  school  houses 
and  sites  therefor  for  the  use  of  the  city; 
tor  the  repaving  of  streets;  and  for  any  of 
the  foregoing. purposes,  may  create  loans  and 
authorize  the  issue  of  bonds  or  other  evi- 
dences of  indebtedness  to  pay  for  the  same, 
payable  at  such  times  and  in  such  manner, 
and  at  such  rates  of  interest  as  it  may 
by  ordinance  prescribe;  but  no  bonds 
or  other  evidences  of  indebtedness 
shall  be  issued  under  the  author- 
ity of  this  section,  unless  the  proposition  for 
creating  such  debt  shall  first  be  approved  by 
a resolution  or  vote  of  a majority  of  all  of 
the  members  of  the  board  of  estimate  and  ap- 
portionment, entered  on  the  minutes  or  rec- 
ord of  such  board,  and  provided  further,  that 
in  the  case  of  the  issue  of  bonds  or  other  evi- 
dences of  indebtedness  for  the  repaving  of 
streets,  the  vote  of  the  board  of  estimate  and 
apportionment  must  be  unanimous. 

Id.;  ordinances  and  regnlations  for 

certain  purposes. 

Sec.  49.  Subject  to  the  provisions  of  this 
act,  the  municipal  assembly  shall  have 
power  within  said  city  to  make,  establisli. 


30 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


publish  and  modify,  amend  or  repeal  ordi- 
nances, rules,  regulations  and  bylaws  not 
inconsistent  with  this  act,  or  with  the  consti- 
tution or  the  laws  of  the  United  States  or 
of  this  state,  for  the  following  purposes; 

1.  In  relation  to  the  inspection  and  seal- 
ing of  weights  and  measures,  and  the  keep- 
ing in  use  of  proper  weights  and  measures 
by  vendors;  and  may  by  ordinance  regu- 
late the  duties  and  fees  or  salary  of  the 
inspectors  of  weights  and  measures  and 
of  the  sealers  of  weights  and  measures, 
and  may  impose  such  penalties  for  using 
weights  and  measures  and  scale  beams 
which  shall  not  have  been  inspected  and 
sealed  in  conformity  to  the  ordinances,  and 
to  provide  for  the  appointment  of  such 
inspectors  and  sealers  by  the  mayor  as  to 
them  shall  seem  proper.  They  may  assign 
a particular  district  of  the  said  city  for 
each  of  said  inspectors  and  likewise  for 
each  of  the  sealers  of  weights  and  measures, 
and  may  confine  them  in  the  performance 
of  their  duties  to  such  districts  respect- 
ively. 

2.  In  relation  to  the  inspection,  weighing 
and  measuring  of  firewood,  coal,  hay  and 
straw  and  the  cartage  of  the  same. 

3.  To  regulate  the  use  of  streets,  high- 
ways, roads,  public  places  and  sidewalks  by 
foot  passengers,  animals,  vehicles,  oars,  mo- 
tors and  locomotives,  amd  'to  preven't  en- 
croachments upon  and  obstructions  to  the 
same,  and  'to  authorize  and  require  their  re- 
moval by  She  proper  department;  but  'tUey 
shall  have  no  power  to  authorize  the  plac- 
ing or  continuing  of  any  encroachment  or 
ODStruction  upon  any  street  or  sidewalk,  ex- 
cept the  'temporary  occupaition  thereof,  dur- 
ing the  erection  or  repairing  o'f  a building  on. 
a lot  opposite  the  same,  nor  shall  'they  per- 
mit the  ereC'tlon  of  bootfis  an'd  stands  with- 
in stoop  lines,  except  for  the  sale  of  news- 
papers, periodicals,  fruits  and  soda  water, 
and  with  the  consent  in  such  eases  of  the 
owner  of  the  premises. 

4.  To  regulate  by  general  ordinance,  'the 
opening  of  street  surfaces  for  purposes  au- 
thorized by  law,  subject  to  such  restrictions 
as  have  already  been  prescribed  by  statute. 

5.  To  regulate  the  numbering  of  the 
houses  and  lots  in  the  streets  and  avenues 
and  the  naming  of  the  streets,  avenues  and 
public  places,  but  It  shall  not  be  lawful  to 
number  or  renumber  any  houses  or  to 
change  the  name  of  any  street,  avenue  or 
public  place,  save  between  the  first  day  of 
December  of  any  year  and  the  first  day 
of  May  next  ensuing. 

6.  To  regulate  and  prevent  the  throwing 
or  depositing  of  ashes,  offal,  dirt  or  gar- 
bage in  the  streets  and  subject  to  the  other 
provisions  of  this  act,  to  regulate  the  clean- 
ing of  the  streets,  avenues,  sidewalks  and 
gutters  and  removing  of  ice  and  snow  from 
them. 

7.  To  regulate  the  use  of  the  streets  and 
sidewalks,  for  signs,  sign  posts,  awnings, 
awning  posts,  horse  troughs,  urinals,  tel- 
egraph posts  and  other  purposes. 

8.  To  provide  for  and  regulate  street 
pavements,  cross  walks,  curb  stones,  gut- 
ter stones,  sidewalks  and  to  provide  for 
regulating,  grading,  flagging,  curbing,  gut- 
tering, and  subject  to  the  provisions  of 
this  act.  lighting  streets,  roads,  places  and 
avenues. 

9.  To  regulate  public  cries,  advertising 
noises,  steam  whistles  and  ringing  bells 
in  the  streets. 

10.  In  relation  to  street  vagrants,  beggars 
and  mendicants. 

11.  In  relation  to  the  use  of  guns,  pistols, 
fire  arms.  Are  crackers,  Are  works  and 


detonating  works  of  all  descriptions  within 
the  city. 

12.  In  relation  to  intoxication,  fighting  and 
quarreling  in  the  streets. 

13.  In  relation  of  places  of  public  amuse- 
ment. 

14.  In  relation  to  exhibiting  banners,  pla- 
cards, or  flags  in  or  across  the  streets,  or 
from  houses  or  other  buildings. 

15.  In  relation  to  the  erection,  mainte- 
nance and  repair  of  public  fountains  for  the 
use  of  man  and  animals,  at  convenient  points 
along  the  streets  and  avenues  and  public 
places. 

16.  In  relation  to  the  exhibition  of  ad- 
vertisements or  band  bills  along  the  streets, 
avenues  or  public  places. 

17.  In  relation  to  the  construction,  repair 
and  use  of  vaults,  cisterns,  areas,  hydrants, 
seweirs  and  pumps. 

18.  In  relation  to  partition  fences  and 
walls. 

19.  In  relation  to  the  construction,  repair, 
care  and  use  of  markets. 

20.  In  relation  to  the  licensing  and  business 
of  public  cartmeu.  truckmen,  hackmen,  cab- 
men, expressmen,  car  drivers  and  boatmen, 
pawnbrokers,  junk  dealers,  keepers  of  in- 
telligence offices,  dealers  in  secondhand  ar- 
ticles, hawkers,  peddlers,  vendors  and  the 
keeping  of  dogs,  menageries,  circuses,  com- 
mon show.'s  and  scalpers  in  coal  freights, 
bone  boiling,  fat  rendering  and  other  nox- 
ious businesses,  and  to  fixing  the  license,  if 
any.  therefor.  All  licenses  created  therefor 
shall  be  acebrding  to  an  established  form  and 
shall  be  regularly  numbered  and  duly  regis- 
tered, as  shall  be  prescribed  by  the  municipal 
assembly,  provided,  however,  that  all  laws 
heretofore  passed  m respect  to  the  avoca- 
tions above  named  within  the  city,  shall 
remain  in  full  force  and  effect,  to  the  ex- 
clusion of  any  power  granted  by  this  pro- 
vision so  far  as  their  terms  shall  require. 

21.  The  municipal  assembly  shall  also  fix 
the  annual  license  fee.  not  exceeding  the 
sum  of  twenty  dollars,  for  each  street  or 
horse  car  daily  operated  or  used  in  that 
portion  of  the  city  heretofore  known  as  the 
City  of  Brooklyn.  Every  railroad  company 
operating  or  using  such  cars,  shall,  on  or  be- 
fore the  first  day  of  .Tune  in  each  year, 
certify  to  the  city  clerk  the  average  num- 
ber of  cars  daily  operated  and  used  by  said 
company,  which  certificate  shall  be  verified 
by  the  oath  of  one  of  the  managing  oflicers  of 
said  company,  and  every  such  railroad  com- 
pany shall,  on  or  before  the  first  day  of 
July  in  each  year,  pay  to  the  chamber- 
lain  of  the  city  of  New  York,  the  license 
fees  so  established  for  the  average  number 
of  cars  so  operated  and  used  by  said  com- 
pany. The  said  license  fees  shall  be  taken 
in  full  satisfaction  for  the  use  of  the  streets 
or  avenues,  but  the  same  shall  not  release 
said  company  from  any  obligations  required 
by  law  to  keep  such  streets  and  avenues,  or 
any  part  thereof,  in  repair,  which  said  ob- 
ligations and  the  contracts,  laws  or  ordin- 
ances, creating  and  enforcing  the  same,  are 
hereby  continued  in  full  force  and  operation. 
But  nothing  in  this  subdivision  contained 
shall  be  construed  to  release  any  railroad 
company  in  the  City  of  New  York,  as  con- 
stituted by  this  act,  from  any  duty  or  ob- 
ligation existing  at  the  time  this  act  takes 
effect  by  virtue  of  any  law,  ordinance  or 
contract. 

22.  To  the  more  effectual  suppression  of 
vice  or  immorality,  and  the  preserving  of 
peace  and  good  order  in  said  city. 

23.  For  the  licensing  and  otherwise  regu- 
lating the  use  of  dirt  carts. 

24.  For  the  preservation  and  protection  of 
all  or  any  of  the  works  connected  with  the 


supplying  of  the  city  of  New  York  with  pure 
and  wholesome  water. 

25.  To  regulate  the  fees  for  searches  and 
certificates,  to  be  charged  by  the  collector 
of  assessments  and  arrears. 

26.  To  make  such  regulations  in  reference 
to  the  running  of  stages,  omnibuses,  trucks 
and  cars  as  may  be  necessary  for  the  con- 
venient use  and  the  accommodation  of  the 
streets,  piers,  wharves  and  stations,  and 
whenever  in  shipping  or  receiving  goods, 
wares,  or  other  merchandise  at  any  of  the 
shipping  lines,  by  steamboat,  canalboat, 
sailing  vessels,  railroad,  or  from  or  to  any 
warehouse  during  the  specified  hours  for  re- 
ceipt or  delivery  of  freight,  a truckman  is 
unreasonably  detained  over  thirty  minutes 
by  reason  of  said  steamboat,  canalboat,  sail- 
ing vessel,  railroad  company  or  warehouse 
not  employing  sufficient  help  for  prompt  re- 
ceipt or  delivery  of  freight,  or  by  reason  of 
the  failure  to  use  all  of  the  facilities  at  their 
disposal  for  the  prompt  receipt  and  delivery 
of  freight,  to  regulate  the  amount  said 
truckman  shall  be  entitled  to  be  paid,  which 
amount  shall  not  be  less  than  the  sum  of 
one  dollar  per  hour  for  every  hour  which  he 
is  so  unreasonably  detained,  which  amount 
shall  be  paid  to  said  truckman  by  the  com- 
pany, corporation  or  person  causing  such 
delay. 

27.  To  regulate  the  rates  of  fare  to  be 
takeu  by  owners  or  drivers  of  hackney 
coaches  or  carriages;  such  owners  shall  pay 
an  annual  license  fee  to  be  determined  by 
the  municipal  assembly. 

28.  The  municipal  assembly  may  author- 
ize the  establishment,  operation  or  exten- 
sion of  any  right  for  the  running  of  omni- 
buses or  stages,  and  may  terminate  or  alter 
such  authority  conformably  to  the  statutes 
applicable  thereto. 

29.  To  regulate  swimming  and  bathing  in 
the  waters  of  or  bounding  the  city,  and  to 
establish  and  maintain  in  the  city  such 
puhiic  baths  and  public  comfort  stations  as 
they  may  deem  necessary,  and  to  establish 
suitable  rules  and  regulations  for  the  man- 
agement of  the  same. 

30.  To  prohibit  and  suppress  all  gaming 
houses  and  places  for  gaming  in  the  said 
city. 

31.  To  enlarge  or  extend  from  time  to 
time  the  limits  of  the  fire  districts  of  the 
city,  and  to  establish  additional  fire  dis- 
tricts and  from  time  to  time  to  extend  the 
same. 

32.  To  regulate  the  use  of  every  building 
cow  used,  or  hereafter  to  be  used  as  a 
hotel,  in  so  far  as  the  use  thereof  may 
involve  the  safety  of  the  in'mates  in  case 
of  fire,  by  such  ordinances  or  resolutions 
only  as  may  be  prepared  and  recommended 
to  the  said  municipal  assembly  by  the  head 
of  the  department  of  buildings.  [Added 
by  Chapter  691,  Laws  of  1899.] 

Id.;  foregoims'  enameratiou  of  powers 
not  x’estrictive:  s'eneral  iiow’er. 

Sec.  50.  The  foregoing  or  other  enumeration 
of  powers  in  this  act  shall  not  be  held  to  limit 
the  legislative  power  of  the  municipal  assem- 
bly which,  in  addition  thereto,  may  exer- 
cise all  of  the  powers  vested  in  the 
city  of  New  York  by  this  act  or  otherwise 
by  proper  ordinances,  rules,  regulations  and 
bylaws  not  inconsistent  with  the  provisions 
of  this  act  or  with  the  constitution  or  laws  of 
the  United  States  or  of  this  state;  and  subject 
to  such  limitations,  may  from  time  to  time  or- 
dain and  pass  all  such  ordinaces,  rules,  regu- 
lations and  bylaws  as  to  the  said  municipal 
assembly  may  seem  meet  for  the  good  rule 
and  government  of  the  city,  and  to  carry  out 
the  purposes  and  provisions  of  this  act  or  of 
other  laws  relating  to  the  said  city^  and  may 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


11 


provide  for  tlie  enforcement  of  the  same  by 
such  fines,  penalties,  forfeitures  and  imprison- 
ment as  may  by  ordinance  or  by  bylaw  be  pre- 
scribed. 

Id.;  licenses  to  second-hand  dealers; 
penalty  for  violating  ordinance. 

Sec.  51.  Every  dealer  in  second-hand  arti- 
cles and  scalper  in  coal  freights  shali  pay 
for  a license  a sum  to  be  determined  by  the 
municipal  assembly,  not  exceeding  five  hun- 
dred dollars.  Dealers  in  second  hand  articles 
and  scalpers  in  coal  freights  may  be  required 
to  give  security  to  the  city  with  one  or  more 
sufficient  surety  or  sureties,  in  a sum  not 
exceeding  ten  thousand  dollars  conditioned 
for  the  observance  of  the  ordinances  of  the 
Xunicipal  assembly.  No  greater  pen- 
alty than  one  hundred  dollars  shall  be  im- 
posed by  an  ordinance  as  the  penalty  of  the 
violation  of  any  ordinance  by  any  dealer  in 
second  hand  articles  or  scalper  in  coal 
freights. 

Id.;  designating  common  jails. 

Sec.  52.  The  municipal  assembly  may,  by 
ordinance  from  time  to  time,  by  a vote  of 
two-thirds  of  the  members  of  each  house, 
and  the  approval  of  the  mayor,  designate 
any  building  or  buildings  within  the  city  to 
be  the  common  jails  of  said  city  for  all  the 
purposes  for  which  common  jails  may  by 
law  be  used,  and  such  building  or  buildings 
so  designated,  shall  be  such  common  jails 
until  changed  by  a like  ordinance  by  the 
municipal  assembly. 

Id.;  assignment  of  places  for  holding 
courts  of  general  and  special  ses- 
sions and  magistrates  or  police 
courts. 

Sec.  53.  The  municipal  assembly,  by  resolu- 
tion or  ordinance,  by  a vote  of  not  less  than 
two-thirds  of  all  the  members  elected  to  each 
house,  may  assign  such  place  in  said  city  as 
may  to  it  seem  most  conducive  to  the  public 
convenience,  for  the  holding  of  the  courts 
of  general  and  special  sessions,  and  upon  the 
appliic-tion  of  the  board  of  city  magistrates, 
may  designate  additional  places  for  the  hold- 
ing of  magistrates’  or  police  courts  and  jail 
delivery  to  be  held  in  and  for  the  city;  notice 
of  any  change  of  the  places  of  holding  such 
courts  shall,  before  the  same  takes  effect,  be 
published  in  the  City  Record  and  the  corpo- 
ration newspapers,  for  a period  of  not  less 
than  four  weeks.  Said  publication  shall  be 
made  under  the  direction  of  the  city  clerk. 

Id.;  as.signment  of  places  for  holding 
municipal  courts. 

Sec.  54.  The  municipal  assembly  may  as- 
sign the  places  where  the  several  municipal 
courts  shall  be  held,  within  their  respective 
districts,  except  as  otherwise  provided  by  law. 

Id.;  security  to  he  required  from  cer- 
tain officers. 

Sec.  55.  It  shall  be  the  duty  of  the  munici- 
pal assembly,  where  no  provision  has  been 
made  by  law  in  respect  thereto,  to  provide  for 
the  accountability  of  all  officers  and  other  per- 
sons, save  as  herein  otherwise  provided,  to 
whom  the  receipt  or  expenditure  of  the  funds 
of  the  city  shall  be  intrusted,  by  requiring 
frorm  them  sufficient  security  for  the  per- 
formance of  their  duties  of  trust,  which  se- 
curity shall  be  annually  renewed;  but  the 
security  first  taken  shall  remain  in  force 
until  new  security  shall  be  given. 

Id.;  prescribe  salaries  of  officers. 

Sec.  56.  The  salaries  of  all  officers  whose 
offices  may  be  created  by  the  municipal  as- 
sembly for  the  purpose  of  giving  effect  to  the 
provisions  of  this  act  shall,  subject  to  the 
other  provisions  of  this  act,  be  prescribed  by 
ordinance  or  resolution.  The  municipal  as- 
sembly shall  have  power,  upon  the  recommen- 


dation of  the  board  of  estimate  and  appor- 
tionment, to  fix  the  salary  of  any  officer  or 
person  whose  compensation  is  paid  out  of 
the  city  treasury,  irrespective  of  the  amount 
fixed  by  this  act,  except  that  no  change  shall 
be  made  in  the  salary  of  an  elected  officei  or 
head  of  a department  during  the  term  for 
which  he  was  elected  or  appointed. 

Id.;  publication  of  code  of  ordinances. 

Sec.  57.  The  ordinances  of  the  municipal  as- 
sembly shall,  as  far  as  practicable,  be  re- 
duced to  a code  and  published. 

Id.;  commissionei"  of  deed.s;  appoint- 
ment, oatb,  term;  clerk  tberefor. 

Sec,  58.  The  board  of  aldermen  is  hereby 
authorized  and  is  empowered  to  appoint  com- 
missioners of  deeds  from  time  to  time,  who 
shall  hold  their  offices  for  two  years  from  the 
date  of  their  appointment;  such  appointment 
shall  not  require  the  concurrence  of  the 
council  nor  the  approval  of  the  mayor,  and 
hereafter,  at  the  time  of  subscribing  or  filing 
the  oath  of  office  the  city  clerk  shall  collect 
from  each  person  appointed  a commissioner 
of  deeds  the  sum  of  five  dollars,  and 
he  shall  not  administer  or  file  said  oath 
unless  said  fee  has  been  paid.  All  fees  col- 
lected by  the  city  clerk  under  and  by  virtue 
of  this  act,  except  as  hereinafter  provided, 
shall  be  accounted  for  and  paid  over  monthly 
into  the  treasury  o^f  the  city. 

The  city  clerk  shall  appoint  an  officer,  to 
be  known  as  commissioner  of  deeds  clerk, 
whose  duties  shall  be  to  enter  the  names  of 
commissioners  of  deeds  appointed,  in  a book 
kept  for  that  purpo'Se,  make  out  certificates  of 
appointment  and  to  discharge  such  other  duties 
as  the  city  clerk  may  designate.  Said  com- 
missioner of  deeds  clerk  shall  receive  a sal- 
ary at  the  rate  of  twelve  hundred  dollars  per 
annum,  payable  monthly. 

Any  person  hereafter  appointed  to  the  office 
of  commissioner  of  deeds  in  and  for  the  city 
of  New  York  by  the  board  of  aldermen,  before 
entering  upon  the  discharge  of  the  duties  of 
said  office  and  within  thirty  days  after  such 
appointment,  shall  take  and  subscribe  before 
the  commissioner  of  deeds  clerk,  in  the  office 
of  the  city  clerk,  the  following  oath  of  office: 
That  the  applicant  is  a citizen  of  the  United 
States  and  of  the  state  of  New  York,  and  a 
resident  of  the  city  of  New  York;  that  he  will 
support  the  constitution  of  the  United  States 
and  the  constitution  of  the  state  of  New  York, 
and  faithfully  discharge  the  duties  of  the 
office  of  commissioner  of  deeds.  Any  com- 
missioner of  deeds  who  may  remove  from  the 
cDty  of  Nev/  York  during  his  term  of  office  la 
hereby  required  to  notify  the  city  clerk  of  such 
removal. 

The  term  of  office  of  every  commissioner  of 
deeds  who,  on  the  first  day  of  May,  1898,  shall 
be  holding  over  after  a term  of  two  years, 
shall  then  cease. 

Municipal  assembly;  trustees  of  public 

property. 

See.  59.  The  municipal  assembly  and  the 
several  members  thereof  and  all  officers  and 
employes  of  the  city  are  hereby  declared 
trustees  of  the  property,  funds  and  effects  of 
said  city  respectively,  so  far  as  such  property, 
funds  and  effects  are  or  may  be  committed 
to  their  management  or  control,  and  every 
person  residing  in  said  city,  when  authorized 
to  pay  taxes  therein,  and  who  shall  pay  taxes 
therein,  is  hereby  declared  to  be  a cestui  que 
trust  in  respect  to  the  said  property,  funds 
and  effects,  respectively;  and  any  co-trustees, 
or  any  cestui  que  trust,  shall  be  entitled,  as 
against  said  trustees,  and  in  regard  to  said 
property,  funds  and  effects  to  all  the  rights 
and  privileges  provided  by  la,w  for  any  co- 
trustee, or  cestui  que  trust  to  prosecute  and 
maintain  any  action  to  prevent  waste  and  In- 


jury to  any  property,  funds  and  estate  held  la 
trust.  Such  trustees  are  hereby  made  subject 
to  all  the  duties  and  responsibilities  imposed 
by  law  on  trustees,  and  such  duties  and  re- 
sponsibilities may  be  enforced  by  the  city 
or  by  any  co-trustee  or  cestui  que  trust  afore- 
said. 

Miinieipal  assembly;  violations  of  lavr 
by  members  of. 

Sec.  60.  Any  member  of  the  municipal  as- 
sembly who  shall  knowingly  and  willfully 
disregard  any  provision  of  law  applicable 
to  the  members  of  said  assembly,  or  who  shall 
vote  for  any  contract  in  violation  of  law  or 
any  appropriation  unauthorized  by  law  or 
in  excess  of  the  amount  authorized  by  law, 
or  for  any  illegal  or  injurious  disposition  of 
corporate  property,  rights  or  franchises,  shall 
be  guilty  of  a misdemeanor  and  liable  to  the 
punishment  and  penalties  prescribed  therefor; 
and  every  member  voting  in  favor  thereof 
shall  be  individually  liable  to  refund  the 
amount  to  the  city  at  the  suit  of  any  citizen 
and  taxpayer. 

CHAPTEE  III. 

FRANCHISES  AND  GRANTS  OF  LAND 
UNDER  WATER. 

Title  1.  Franchises. 

2.  Grants  of  land  under  VM,ter. 

TITLE  1. 

FRANCHISES. 

Inalienable  rigbts  of  tbe  city  to  Itis 
proijerty. 

Sec.  71.  The  rights  of  the  city  in  and  to  its 
water  front,  ferries,  wharf  property,  land  un- 
der water,  public  landings,  wharves,  docks, 
streets,  avenues,  parks  and  all  other  public 
places  are  hereby  declared  to  be  inalienable. 

Franchises  to  be  granted  by  ordinance 
Sec.  72.  Every  grant  of  or  relating  to  a 
franchise  of  any  character  to  any  person  or 
corporation  must,  unless  otherwise  provided 
in  this  act,  be  by  ordinance. 

Limits  and  conditions  to  gi-ants  of 
franchises. 

Sec.  73.  After  the  approval  of  this  act  no 
franchise  or  right  to  use  the  streets,  avenues, 
parkways  or  highways  of  the  city  shall  be 
granted  by  the  municipal  assembly  to  any 
person  or  corporation  for  a longer  period  than 
twenty-five  years,  except  as  hereinafter  pro- 
vided, but  such  grant  may  at  the  option  of  the 
city  provide  for  giving  to  the  grantee  the  right 
on  a fair  revaluation  or  revaluations  to  renew- 
als not  exceeding  in  the  aggregate  twenty- 
five  years.  Such  grant,  and  any  contract  in 
pursuance  thereof,  may  provide  that  upon  the 
termination  of  the  franchise  or  right  granted 
by  the  municipal  assembly,  the  plant,  as  well 
as  the  property  of  the  grantee  in  the  streets, 
avenues,  parkways  and  highways,  with  its 
appurtenanees,  shall  thereupon  be  and  become 
the  property  of  the  city  without  further  or 
other  compensation  to  the  grantee;  or  such 
grant  and  contract  may  provide  that  upon 
such  termination  there  shall  be  a fair  valu- 
ation of  the  plant  and  property  which  shall 
be  and  become  the  property  of  the  city  on 
the  termination  of  the  grant  on  paying  the 
grantee  such  valuation.  If  by  virtue  of  the 
grant  or  contract  the  plant  and  property  are 
to  become  the  city’s,  without  money  pay- 
ment therefor,  the  city  shall  have  the  op- 
tion either  to  take  and  operate  the  said  prop- 
erty on  its  own  account,  or  to  renew 
the  said  grant  for  not  exceeding  twen- 
ty years  upon  a fair  revaluation,  or  to 
lease  the  same  to  others  for  a term  not  ex- 
ceeding twenty  years.  If  the  original  grant 
shall  provide  that  the  city  shall  make  pay- 
ment for  the  plant  and  property,  such  payment 


12 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


shall  be  at  a fair  valuation  of  the  same  as 
property  excluding  any  value  derived  from  the 
franchise;  and  if  the  city  shall  make  payment 
for'isuch  plant  and  property  it  shall  in  that  event 
operate  the  plant  and  property  on  its  own  ac- 
count for  at  least  five  years  after  which  it 
may  determine  either  to  continue  such  operation 
on  its  own  account,  or  to  lease  the  said  plant 
and  property  and  the  right  to  use  the  streets 
and  public  places  in  connection  therewith  for 
limited  periods,  In  the  same  or  similar  manner 
as  it  leases  its  ferries  and  docks.  Nothing  in 
the  foregoing  provisions  of  this  section  con- 
tained shali  apply  to  consents  granted  to- tun- 
nel railroad  corporations  and  the  municipal 
assembly  is  hereby  authorized,  in  its  discre- 
tion, to  grant  a franchise  or  right  to  any  rail- 
road corporation  to  use  any  of  said  streets, 
avenues,  parkways  or  highways  in  the  city 
of  New  York  for  the  construction'  and  oper- 
ation of  a tunnel  railroad  underneath  the 
surface  thereof  for  the  period  of  fifty  years 
and  any  such  grant  may  at  the  option  of  the 
city  provide  for  giving  to  the  grantee  the 
right,  on  a fair  revaluation  or  revaluations,  to 
renewals  not  exceeding  in  the  aggregate 
twenty-five  years,  provided,  however,  that  such 
grant  shall  only  be  made  alter  an  agreement 
has  been  entered  into  by  such  a tunnel  corpor- 
ation to  pay  to  the  city  of  New  York  three 
per  centum,  or  so  much  thereof  as  may  be, 
of  the  net  profits  derived  from  the  use  of  any 
tunnel  which  it  shall  construct,  after  there 
shall  have  first  been  retained  by  such  com- 
pany from  such  net  profits  a sum  equal  to  five 
per  centum  upon  the  sum  expended  to  con- 
struct such  tunnel.  Every  grant  shall  make 
adequate  provision,  by  way  of  forfeiture 
on  the  grant  or  otherwise,  to  secure  ef- 
ficiency of  public  service  at  reasonable 
rates,  and  the  maintenance  of  the 
property  in  good  condition  throughout  the  lull 
term  of  the  grant.  The  grant  or  contract 
shall  also  specify  the  mode  of  determining 
the  valuations  and  revaluations  therein  pro- 
vided for.  [Thus  amended  by  Chapter  564, 
Laws  of  1899.] 

Proceedings  prior  to  grant  of  fran- 

eliise. 

Sec.  74.  Before  any  grant  of  the  fran- 
chise or  right  to  use  any  street,  avenue, 
parkway  or  highway  shall  be  made,  the  pro- 
posed specific  grant  embodied  in  the  form  of 
an  ordinance  with  all  of  the  terms  and 
conditions,  including  the  provisions  as  to 
rates,  fares  and  charges,  shall  be  published 
at  least  twenty  days  in  the  City  Record 
and  at  least  twice  in  two  daily  news- 
papers published  in  the  city  to  be  designated 
by  the  mayor  at  the  expense  of  the  proposed 
grantee.  Such  ordinance  shall  on  its  introduc- 
tion and  first  reading  be  referred  by  the  mu- 
nicipal assembly  to  the  board  of  estimate  and 
apportionment,  who  shall  make  inquiry  as  to 
the  money  value  of  the  franchise  or  privilege 
proposed  to  be  granted  and  the  adequacy  of  the 
compensation  proposed  to  be  paid  therefor,  and 
no  grant  thereof  by  the  municipal  assembly 
shall  be  made  except  on  terms  approved  by  vote 
or  resolution  of  the  board  of  estimate  and 
apportionment,  entered  on  the  minutes  or 
record  of  such  board,  and  every  ordinance 
containing  or  making  such  grant  shali  re- 
quire the  concurrence  of  three-fourths 
of  all  the  members  elected  to  each  branch 
of  the  municipal  assembly  as  shown 
by  the  ayes  and  noes  there  recorded  and  the 
approval  of  the  mayor,  and  thirty  days  at 
least  shall  intervene  between  the  introduction 
and  final  passage  of  any  such  ordinance.  It 
shall  require  a vote  of  five-sixths  of  all  the 
members  elected  to  each  branch  of  the  mu- 
nicipal assembly  to  pass  such  ordinance  over 
the  mayor’s  veto.  This  act  shall  apply  to  any  | 
tenewal  or  extension  of  the  grant  or  leasing  I 


of  the  property  to  the  same  grantee  or  to 
others. 

Municipal  usMcmbly  to  pass  orclinauces 

Sec.  75.  The  municipal  assembly  may 
from  time  to  time  pass  appropriate 
ordinances,  not  inconsistent  with  the 
constitution  and  laws  of  the  state,  to 
carry  the  provisions  of  this  title  into  ef- 
fect, but  shall  not  part  with  the  right  and 
duty  at  all  times  to  exercise  in  tlie  interest  ol 
the  public  full  municipal  superintendence, 
regulation  and  control  in  respect  of  all  mat- 
ters connected  with  such  grant,  and  not  in- 
consistent with  the  terms  thereof. 

City  may  dispose  of  buildings  not  re- 

tiuired  for  public  use. 

Sec.  76.  Nothing  in  this  title  contained  shall 
prevent  the  city  from  disposing  of  any  building 
or  parcel  of  land  no  longer  needed  for  public 
use,  provided  such  disposition  shall  be  ap- 
proved by  the  sinking  fund  commissioners, 
and  shall  be  at  public  sale,  and  be  provided 
for  by  ordinance. 

Acts  not  applicable  to  grants  under 

this  title. 

Sec.  77.  Section  93  of  chapter  565  of  the  laws 
of  1890  and  any  acts  amendatory  thereof  or 
supplemental  thereto,  shall  have  no  applica- 
tion to  grants  made  under  and  pursuant  to 
this  title. 

TITLE  2. 

GRANTS  OF  LANDS  AND  FRANCHISES 
TO  CITY  IN  AID  OP  COMMERCE. 

Grants  of  lands  under  water. 

Sec.  S3.  To  the  end  that  the  city  of  New 
York,  as  herein  constituted,  may  be  enabled 
to  make  needful  provisions  for  the  navigation, 
intercourse  and  commerce  of  the  city  and  ade- 
quately to  develop  and  secure  the  same  now 
and  in  the  future,  the  said  city  shall  have  the 
control,  as  herein  and  in  this  act  provided,  of 
the  water  front  of  the  entire  city,  subject,  how- 
ever, to  the  rights  of  private  owners  of  proper- 
ty, and  also  power  to  establish,  construct,  ac- 
quire, own,  maintain  and  enjoy  all  ferries, 
public  wharves,  docks,  piers,  bulkheads,  ba- 
sins, slips,  streets,  approaches  and  spaces,  and 
all  other  public  structures,  adjuncts  and  facil- 
ities necessary  or  proper  for  the  navigation, 
intercourse  and  commerce,  foreign  and  domes- 
tic, of  the  city.  To  these  ends,  in  addition  to 
all  other  grants,  there  is  hereby  granted  in 
fee  to  the  said  city  of  New  York,  as  herein 
constituted,  in  ail  the  public  streams,  rivers, 
sounds,  bays  and  waters  of  all  descriptions  at 
any  and  all  places  within  said  city  or  adjoin- 
ing the  limits  o-f  said  city  as  herein  constitut- 
ed, all  and  singular  the  property,  estate,  right, 
title  and  interest  of  the  people  of  the  state  of 
New  York,  in,  to,  of  and  concerning  such  lands 
and  soil  covered  by  water,  as  are  embraced 
within  the  projected  boundary  lines  of  any 
street  intersecting  the  shore  line,  and  which 
street  is  in  public  use  or  which  may  be  here- 
after opened  for  public  use,  extending  from 
high  water  mark  out  into  said  streams,  rivers, 
sounds,  bays  and  v/aters  so  far  fany  limits  in 
existing  grants  to  the  contrary)  as  the  said 
city  shall  now  or  at  any  time  hereafter  in  the 
opinion  of  its  munieipal  assembly,  or  depart- 
ment of  docks  and  ferries  require  the  same  for. 
ferries,  public  wharves,  docks,  piers,  bulk- 
heads, basins,  slips  or  other  public  structures, 
adjuncts  and  facilities  for  navigation  and  com- 
merce, including  the  right  for  such  purposes 
to  reclaim  such  lands  from  said  waters,  and 
including  also  all  riparian  rights,  and  all 
rents,  issues  and  profits  of  the  premises  here- 
in granted..  The  commissioners  of  the  land 
office  shall  from  time  to  time  convey  or  patent 
the  lands  herein  granted  to  the  city  for  said 


purposes  as  and  whenever  required  by  th« 
board  of  docks. 

Property  and  franebiseg  inalienable. 

Sec.  84.  The  property  franchises  and  rights 
hereby  granted  and  the  works  and  structures 
hereby  authorized  are  not  the  subject  of  sale, 
but  shall  be  held  by  the  city  in  perpetuity. 
But  this  shall  not  prevent  the  city  from  leas- 
ing the  same  for  limited  periods  of  time,  in 
the  same  manner  as  it  leases  other  like  prop- 
erty. 

Private  rights  protected. 

Sec.  85.  This  grant  shall  not  impair  or  af- 
fect any  existing  valid  private  rights,  or  the 
existing  riparian  rights  of  owners  of  pri- 
vate property,  or  the  lawful  rights  of  private 
owners  of  docks,  piers  and  other  structures  in 
the  said  city  or  any  part  thereof. 

Patenting  of  lands  nnder  water  by 

commissioners  of  the  land  oitiee. 

Sec.  86.  After  the  approval  of  this  act  no 
patent  of  soil  or  land  under  water  within  the 
city  ol  New  York,  as  herein  constitut- 
ed, shall  be  made  except  to  the  city 
of  New  York  or  to  the  riparian  proprietor. 
If  the  board  of  docks  with  the  approval  of  the 
commissioners  of  the  sinking  fund,  shall  pro- 
ject a plan  or  plans  for  the  construction  of 
docks  between  street  Intersections  as  afore- 
said, and  desire  a grant  of  land  under  water 
for  that  purpose,  they  shall  make  application 
therefor  to  the  commissioners  of  the  land 
office,  who  thereupon  shall  give  notice  to  the 
riparian  proprietor  before  taking  action  in 
the  matter  and  shall  make  such  grant  to  the 
city  for  the  purposes  specified  in  section  83. 
Such  grant,  however,  shall  be  subject  to  all 
the  rights  ol  the  riparian  proprietor,  and  be- 
fore the  city  shall  construct  such  public 
wharves  or  other  structures  in  front  of  the 
land  of  such  riparian  proprietor,  the  city  shall 
make  just  compensation  to  such  proprietor  lor 
the  value  of  all  the  riparian  rights.  If  the 
commissioners  shall  make  a grant  to  the 
riparian  proprietor,  it  shall  be  confined  to 
soil  or  land  under  water  in  front  ol  the 
land  of  such  riparian  proprietor.  If  applica- 
tion be  made  to  the  commissioners  of  the  land 
office  by  the  riparian  proprietor  for  a grant 
of  soil  or  land  under  water  within  the  city  of 
New  York,  as  herein  constituted,  said  commis- 
sioners shall  give  notice  thereof  to  the  board 
of  docks  of  the  city,  which  shall  examine  into 
such  application  and  determine  whether  the 
granting  of  the  same  will  confiict  with  ihe 
rights  of  the  city  under  this  act  or  be  other- 
wise injurious  to  the  public  interests  of  the 
said  city,  and  shall  report  their  conclusions  to 
said  commissioners,  who  shall  insert  such 
terms  and  conditions  in  the  grant  recommend- 
ed by  the  board  of  docks  as  will  protect  the 
public  interests  of  the  city  in  respect  to  navi- 
gation and  commerce.  The  validity  of  any  such 
grant  or  patent  may  be  judicially  determined 
in  an  action  brought  by  and  in  the  name  of 
the  city. 

Power  of  manicipal  assembly. 

Sec.  87.  The  municipal  assembly  may  from 
time  to  time  pass  appropriate  ordinances  to 
carry  the  provisions  hereof  into  effect,  not  in- 
consistent with  law  or  this  act. 

Repealing-  provision. 

Sec.  88.  All  acts  and  parts  of  acts,  so  far 
as  the  same  are  inconsistent  with  this  chapter 
are  hereby  repealed. 

CHAPTEK  IV. 

THE  EXECUTIVE. 

Mayor;  exeentive  power  in  and  elec- 
tion of;  salary. 

Sec.  94.  The  executive  power  of  the  city  of 
New  York,  as  constituted  by  this  act,  shall  be 
vested  in  the  mayor  and  the  officers  of  tha 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK.  13 


department.  The  mayor  shall  he  the  chief 
executive  officer  of  the  city;  he  shall  be 
elected  at  the  general  election  in  the  year 
1897,  and  every  four  years  thereafter,  and 
shall  hold  his  office  for  the  term  of  four 
years  commencing  at  noon  on  the  first  day  of 
January  after  his  election.  He  shall  be  in- 
eligible for  the  next  term  after  the  termina- 
tion of  his  office.  The  salary  of  the  mayor 
shall  be  fifteen  thousand  dollars  a year. 

Mayor’s  power  of  removal. 

Sec.  95.  At  any  time  within  six  months 
after  the  commencement  of  his  term  of  office 
the  mayor,  elected  for  a full  term,  may,  when- 
ever in  his  judgment  the  public  interests 
shall  so  require,  remove  from  office  any  pub- 
lic officer  holding  office  by  appointment  from 
the  mayor,  except  members  of  the  board  of 
education  and  school  boards,  and  except  also 
judicial  officers,  for  whose  removal  other  pro- 
vision is  made  by  the  constitution.  After 
the  expiration  of  said  period  of  six  months 
any  such  public  officer  may  be  removed  by  fhe 
mayor  for  cause  upon  charges  preferred 
and  after  opportunity  to  be  heard,  sub- 
ject, however,  before  such  removal  shall 
take  effect  to  the  approval  of  the  governor  ex- 
pressed in  writing. 

Administrative  departments. 

Sec.  96.  There  shall  be  the  following  admin- 
istrative departments  in  said  city: 

Department  of  finance. 

Law  department. 

Police  department. 

Represented  in  the  board  of  public  improve- 
ments: 

1.  Department  of  water  supply. 

2.  Department  of  highways. 

R.  Department  of  street  cleaning. 

4.  Department  of  sewers. 

6.  Department  of  public  buildings,  light- 
ing and  supplies. 

6.  Department  of  bridges. 

Department  of  parks. 

Department  of  buildings. 

Department  of  public  charities. 

Department  of  correction. 

Fire  department. 

Department  of  docks  and  ferries. 

■■  Department  of  taxes  and  assessments. 

Department  of  education. 

Department  of  health. 

Department  of  finance;  controller. 

Sec.  97.  The  head  of  the  department  of 
finance  shall  be  called  the  controller  of  the 
city  of  New  York.  He  shall  be  elected  at  the 
general  election  in  the  year  1897,  and  every 
four  years  thereafter,  and  shall  hold  his  offic^ 
for  the  term  of  four  years,  commencing  at 
noon  on  the  first  day  of  January  after  his 
election. 

The  controller  may  be  removed  from  office 
by  the  governor  in  the  same  manner  as  sher- 
iffs, except  that  the  governor  may  direct  the 
inquiry  required  by  law,  to  be  conducted  by 
the  attorney  general,  and  after  charges  have 
been  received  by  the  governor,  he  may,  pend- 
ing the  investigation,  suspend  the  controller 
for  a period  not  exceeding  thirty  days.  In 
case  ef  a vacancy  in  the  office  of  controller  it 
shall  be  filled  by  the  mayor,  and  the  person 
appointed  to  fill  such  vacancy  shall  hold  office 
until  noon  cf  the  first  day  of  January  suc- 
ceeding the  election  at  which  a successor  shall 
be  elected.  At  the  next  general  election  at 
which  municipal  officers  shall  be  elected, 
which  shall  take  place  more  than  thirty  days 
after  the  occurrence  of  a vacancy  in  the  office 
of  controller,  a successor  shall  be  chosen  who 
shall  hold  office  for  the  remainder  of  the  un- 
expired term. 

Law  rtepartment;  corporation  connsel. 

Sec.  98.  The  head  of  the  law  department 
shall  be  Called  the  corporation  counsel,  and 


shall,  unless  sooner  removed,  hold  his  office 
for  four  years  and  until  his  successor  shall 
be  appointed  and  has  qualified. 

Police  department,  police  hoard. 

Sec.  99.  The  head  of  the  police  department 
shall  be  called  the  police  board.  Said  board 
shall  consist  of  four  members  to  be  known  as 
police  commissioners  of  ihe  ' city  of  New 
York,  who  shall,  unless  sooner  : emoved,  re- 
spectively hold  their  offices  for  four  years 
and  until  their  successors  shall  respectively 
be  appointed  and  have  qualified,  except  that 
the  commissioners  first  appointed  shall,  unless 
sooner  removed,  hold  office  for  one,  two, 
three  and  four  years  respectively,  as  desig- 
nated by  the  mayor. 

Board  of  pnhlic  improvements  anti  de- 
partments represented  tlierein. 

Sec.  100.  The  head  of  the  board  of  public 
improvements  shall  be  the  president  of  said 
board.  He  shall  be  appointed  by  the  mayor 
and  shall,  unless  sooner  removed,  hold  his 
office  for  si.x  years  and  until  his  successor 
shall  be  appointed  and  has  qualified. 

1.  The  head  of  the  department  of  water 
supply  shall  be  called  the  commissioner  of 
water  supply.  He  shall  be  appointed  by 
the  mayor,  and  shall,  unless  sooner  re- 
moved, hold  his  office  for  six  years  and  un- 
til his  successor  shall  be  appointed  and  has 
qualified. 

2.  The  head  of  the  department  of  high- 
ways shall  be  called  the  commissioner  of 
highways.  He  shall  be  appointed  by  the 
mayor,  and  shall,  unless  sooner  removed, 
hold  his  office  for  six  years  and  until  his 
successor  shall  be  appointed  and  has  quali- 
fied. 

3.  The  head  of  the  department  of  street 
cleaning  shall  be  called  the  commissioner  of 
street  cleaning.  He  shall  be  appointed  by 
the  mayor,  and  shall,  unless  sooner  re- 
moved, hold  his  office  for  six  years  and  un- 
til his  successor  shall  be  appointed  and  has 
qualified 

4.  The  head  of  the  department  of  sewers 
shall  be  called  the  commissioner  of  sewers. 
He  shall  be  appointed  by  the  mayor,  and 
shall,  unless  sooner  removed,  hold  his  office 
for  six  years  and  until  his  successor  shall 
be  appointed  and  has  qualified. 

5.  The  head  of  the  department  of  public 
buildings,  lighting  and  supplies  shall  be 
called  the  commissioner  of  public  buildings, 
lighting  and  supplies.  He  shall  be  appoint- 
ed by  the  mayor,  and  shall,  unless  sooner 
removed,  hold  his  office  for  six  years  and 
until  his  successor  shall  be  appointed  and 
has  qualified. 

6.  The  head  of  the  department  of  bridges 
shall  be  called  the  commissioner  of  bridges. 
He  shall  be  appointed  by  the  mayor,  and 
shall,  unless  sooner  removed,  hold  his  of- 
fice for  six  years  and  until  his  successor 
shall  be  appointed  and  has  qualified. 

Department  ot  parlc.s;  park  koartl. 

Sec.  101.  The  head  of  the  department  of 
parks  shall  be  called  the  park  board.  Said 
board  shall  consist  of  three  members  who 
shall  be  known  as  commissioners  of  parks. 
They  shall  be  appointed  by  the  mayor,  and 
shall,  unless  sooner  removed,  respectively 
hold  their  offices  for  six  years  and  until  their 
successors  shall  respectively  be  appointed  and 
have  qualified,  except  that  the  commissioners 
first  appointed  shall,  unless  sooner  removed, 
hold  office  for  two,  four  and  six  years,  respec- 
tively, as  designated  by  the  mayor. 

Department  of  bnildinjgs. 

Sec.  102.  The  head  of  the  department  of 
buildings  shall  be  called  the  board  of  build- 
ings. Said  board  shall  consist  of  three  mem- 
bers to  be  known  as  commissioners  of  build- 
1 ings.  They  shall  be  appointed  by  the  mayor. 


and  shall,  unless  sooner  removed,  hold  their 
respective  offices  for  the  term  of  six  years,  and 
until  their  successors  shall  respectively  be  ap- 
pointed and  have  qualified,  except  that  the 
commissioners  first  appointed  shall,  unless 
sooner  removed,  hold  office  for  two,  four  and 
six  years  respectively,  as  designated  by  the 
mayor. 

Deisnrtment  of  pnblic  charities;  hoard 

of  piihlic  charllie.«i. 

Sec.  103.  The  head  of  the  department  of 
public  charities  shall  be  called  the  board  of 
public  charities.  Said  board  shall  consist  of 
three  membefc  to  be  known  as  commissioners 
of  public  charities  of  the  City  of  New  York. 
They  shall  be  appointed  by  the  mayor  and 
shall,  unless  sooner  removed,  respectively  hold 
their  offices  for  six  years,  and  until  their  suc- 
cessors shall  respectively  be  appointed  and 
have  qualified,  except  that  the  commissioners 
first  appointed  shall,  unless  sooner  removed, 
hold  office  for  two,  four  and  six  years,  respect- 
ively, as  designated  by  the  mayor. 

Department  of  correction;  commi.s- 

sioner  of. 

Sec.  104.  The  head  of  the  department  of 
correction  shall  be  called  the  commissioner  of 
correction.  He  shall  be  appointed  by  the 
mayor,  and  shall,  unless  sooner  removed,  hold 
his  office  for  six  years,  and  until  his  successor 
shall  be  appointed  and  has  qualified. 

Fire  <lep:ii't  ment ; tlie  fire  commi.s- 

s'ioner. 

Sec.  105.  The  head  of  the  fire  department 
shall  be  called  the  fire  commissioner.  He 
shall  be  appointed' by  the  mayor,  and  shall, 
unless  sooner  removed, hold  office  for  six  years, 
and  until  his  successor  shall  be  appointed  and 
has  qualified. 

Department  of  docks  and  fei’ries; 

hoard  of  docks. 

Sec.  106.  The  head  of  the  department  of 
docks  and  ferries  shall  be  called  the  board  of 
docks.  Said  board  shall  consist  of  three  mem- 
bers who  shall  be  known  as  commis- 
sioners of  docks  and  ' who  shall,  unless 
sooner  removed,  hold  their  respective 
offices  for  six  years,  and  until  their  suc- 
cessors shall  respectively  be  appointed  and 
have  qualified,  except  that  the  commissioners 
first  appointed  shall,  unless  sooner  removed, 
hold  office  for  two,  four  and  six  years,  re- 
spectively, as  designated  by  the  mayor. 

Depni'tnaent  of  taxes  and  a.ssessments; 

board  of  taxes  and  assessments. 

Sec.  107.  The  head  of  the  department  of 
taxes  and  assessments  shall  be  called  the 
board  of  taxes  and  assessments.  Said  board 
shall  consist  of  a president,  who  shall  be  so 
designated  in  his  appointment,  and  four 
other  members,  one  of  whom  at  least  shall  be 
a person  learned  in  the  law,  who  shall  be 
called  commissioners  of  taxes  and  assessments. 
The  president,  unless  sooner  removed,  shall 
hold  his  office  for  the  term  of  six  years,  and 
until  his  successor  shall  be  appointed  and 
has  qualified.  The  other  commissioners  shall, 
unless  sooner  removed,  hold  their  respective 
offices  for  the  term  of  four  years.  The  com- 
missioners first  appointed  under  this  act  shall, 
unless  sooner  removed,  hold  office  by  designa- 
tion of  the  mayor  for  terms  of  one,  two,  three 
and  four  years  respectively.  The  commis- 
sioners thereafter  appointed  shall,  unless  soon- 
er removed,  hold  office  for  the  term  of  four 
years,  and  until  their  successors  shall  re- 
spectively be  appointed  and  have  qualified. 

Deijartmenf  of  eclacatlon. 

Sec.  108.  The  head  of  the  department  of 
education  shall  be  called  the  board  of  educa- 
tion. Said  board  shall  consist  of  nineteen 
members,  and  shall  be  composed  as  follows: 
Of  the  chairman  of  the  school  board  of  the 


14 


rHB  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


boroughs  of  Manhattan  and  the  Bronx, 
and  ten  other  members  elected  by  said 
school  board;  of  the  chairman  of  the  school 
board  of  the  borough  of  Brooklyn  and  five 
other  members  elected  by  said  school  board 
and  of  the  chalrmr  ' of  the  school  boards  of 
the  boroughs  of  Queens  and  Richmond,  re- 
spectively. The  members  of  said  board  of 
education  shall  hold  office  for  one  year,  and 
until  their  successors  shall  respectively  be 
chosen  and  have  qualified. 

Department  of  liealth;  I>onr<l  of  health. 

Sec.  109.  The  head  of  the  department  of 
health  shall  be  called  the  board  of  health. 
Said  board  shall  consist  of  the  president  of 
the  police  board,  the  health  officer  of  the  port, 
and  three  ofiicers  appointed  by  the  mayor,  to 
be  called  health  commissioners,  two  of  whom 
shall  have  been  practicing  physicians  for,  not 
less  than  ten  years  preceding  their  respective 
appointments.  The  health  commissioner, 

•who  is  not  a physician,  shall  be  the  president 
of  the  board  and  shall  be  so  designated  in  his 
appointment.  The  health  commissio'ners 

shall,  unless  sooner  removed,  respectively 
hold  their  offices  for  six  years  and  until  their 
successors  shall  respectively  be  appointed 
and  have  qualified,  except  that  the  commis- 
sioners first  appointed  shall,  unless  sooner 
removed,  hold  office  for  two,  four  and  six 
years,  respectively,  as  designated  by  the 
mayor. 

CHAPTER  V. 

THE  MAYOR. 

Mayor;  dnties  of. 

Section  115.  It  shall  be  the  duty  of  the 
mayor ; 

1.  To  communicate  to  the  municipal  as- 
sembly, at  least  once  in  each  year,  a general 
statement  of  the  finances,  government,  and 
Improvements  of  the  ci'ty. 

2.  To  recommend  to  the  municipal  as- 
sembly all  such  measures  as  he  shall  deem 
expedient. 

3.  To  keep  himself  informed  of  the  doings 
cif  the  several  departmemts. 

4.  To  be  vigilant  and  active  in  causing 
the  ordinances  of  the  city,  and  laws  of  the 
state  to  be  executed  and  enforced,  and  for 
that  purpose  he  may  call  together  for  con- 
sultation and  co-operation  any  or  all  of  the 
heads  of  departments. 

5.  And  generally  to  perform  all  such  du- 
ties as  may  be  prescribed  for  him  by 
■this  act,  the  city  ordinances  and  the  laws  of 
the  state. 

Id.;  a magistrates. 

Sec.  116.  The  mayor  is  a magistrate. 

Id  . ; may  appoint  clerks,  etc. 

Sec.  117.  The  mayor  may  appoint  such 
clerkiP  and  subordinates,  as  he  may  require 
to  aid  him  in  the  discharge  of  his  official  du- 
ties, and  shall  render  to  the  municipal  as- 
sembly, every  three  months,  an  account  of 
the  expenses  and  receipts  of  his  office,  and 
therein  shall  state,  in  detail,  the  amounts 
paid  and  a^greed  to  be  paid  by  him,  for  sal- 
aries to  such  clerks  and  subordinates  re- 
spectively, and  the  general  nature  of  their 
duties,  which  account  and  report  shall  be  pub- 
lished i'n  the  City  Record.  The  aggregate  ex- 
penses incurred  by  him  for  such  purposes 
shall  not  exceed,  in  any  one  year,  the  sum  ap- 
propriated therefor. 

Id.;  to  appoint  beads  of  departments; 
terms  of  latter. 

Sec.  118.  The  mayor  shall  appoint  the  heads 
of  departments  and  all  commissioners,  except 
as  otherwise  provided  in  this  act.  He  shall 
also  appoint  all  members  of  any  board  or 
commission  authorized  to  superintend  the 
erection  or  repair  of  any  building  belonging 


to  or  to  be  paid  for  by  the  city,  whether 
named  in  any  law  or  appointed  by  any  local 
authority,  and  also  a commissioner  of  jurors 
for  the  boroughs  of  Manhattan  and  the  Bronx, 
inspectors  of  weights  and  measures,  and  as 
many  sealers  of  weights  and  measures  as  may 
by  ordinance  be  prescribed,  and  also  the 
members  of  any  other  local  board  and  all 
other  officers  not  elected  by  the  people,  whose 
appoin*tment  is  not  excepted  or  otherwise  pro- 
vided for.  Every  head  of  department  and 
person  in  this  section  named  shall,  subject  to 
the  power  of  removal  herein  provided,  hold 
his  office  for  such  term  as  is  provided  by  this 
act  or  otherwise,  and  in  each  case  until  a per- 
son Is  duly  appointed  and  has  qualified  in  his 
place.  The  terms  of  office  of  all  such  heads  of 
departments  and  persons,  shall,  as  to  those 
first  appointed,  commence  at  noon  on  the  first 
day  of  January,  1898,  and  thereafter  at  noon 
on  the  first  day  of  January,  in  the  year  in 
which  the  terms  of  office  of  their  predecessors 
expire,  except  that  any  person  who  shall  be 
appointed  In  pursuance  of  this  section  to' 
fill  any  vacancy  shall  hold  his  office  for  the 
unexpired  term  of  his  predecessor. 

I«l.;  to  appoint  commissioners  of  ac- 
counts. , 

Sec.  119.  The  mayor  shall  appoint  and  re- 
move at  pleasure  two  persons  who  shall  be 
commissioners  of  accounts.  It  shall  be  their 
duty  once  in  three  months  to  make  an  exam- 
ination of  the  receipts  and  disbursements  in 
the  offices  of  the  controller  and  chamberlain, 
in  connection  with  those  of  all  the  depart- 
ments and  officers  making  returns  thereto,  and 
report  to  the  mayor  a detailed  and  classified 
statement  of  the  financial  condition  of  the 
city  as  shown  by  such  examinations.  They 
shall  also  make  such  special  examinations 
of  the  accounts  and  methods  of  the  depart- 
ments and  offices  of  the  city  and  of  the  coun- 
ties of  New  York,  Richmond  and  Kings  as 
the  mayor  may  from  time  to  time  direct,  and 
such  other  examinations  as  the  said  commis- 
sioners may  deem  for  the  best  interests  of  the 
city,  and  report  to  the  mayor  and  the  munici- 
pal assembly  the  results  thereof.  For  the  pur- 
pose of  ascertaining  facts  in  connection  with 
these  examinations  they  shall  have  full 
power  to  compel  the  attendance  of  witnesses, 
to  administer  oaths  and  to  examine  such  per- 
sons as  they  may  deem  necessary.  Such  com- 
missioners shall  each  be  paid  the  sum  of  five 
thousand  dollars  a year.  The  board  of  esti- 
mate and  apportionment  and  the  municipal 
assembly  shall  annually  appropriate  a sum 
sufficient  to  pay  the  salaries  of  said  commis- 
sioners, and  in  the  discretion  of  said  board  and 
municipal  assembly  a sum  sufficient  to  enable 
them  to  employ  the  necessary  assistance  to 
carry  out  the  provisions  of  this  act. 

Itl.;  proclamation  ns  to  kolding  courts 
in  case  of  pestilence,  etc. 

Sec.  120.  The  mayor,  or.  in  case  of  his  ab- 
sence or  other  disability,  the  president  of  the 
council,  by  proclamation,  may  direct  that  the 
next  ensuing  term  of  any  court,  other  than 
the  court  of  appeals,  appointed  to  be  held  in 
the  city  shall  be  held  in  any  building  within 
the  city  of  New  York,  other  than  the  building 
where  the  same  is  regularly  to  be  held,  if,  in 
his  opinion,  war,  pestilence  or  other  public 
calamity,  or  the  danger  thereof,  or  the  de- 
struction or  injury  of  the  building,  or  the  want 
of  suitable  accommodation,  renders  it  neces- 
sary that  some  other  place  be  selected.  The 
proclamation  must  be  published  in  two  or  more 
daily  newspapers,  published  in  the  oity  of  New 
York. 

1(1.;  police  power  as  to  pawnbrokers. 

Sec.  121.  The  mayor  shall  possess  the  power 
conferred  upon  the  chief,  deputy  chiefs,  in- 


spectors and  caplalns  of  police  by  section  SIT 
of  this  act. 

Id.;  removal  by  governor. 

Section  122.  The  mayor  may  be  removed 
from  office  by  the  governor  in  the  same  man- 
ner as  sheriffs,  except  that  the  governor  may 
direct  the  Inquiry  provided  by  law  to  be  con- 
ducted by  the  attorney  general;  and  after  the 
charges  have  been  received  by  the  governor 
he  may,  pending  the  investigation,  suspend 
the  mayor  for  a period  not  exceeding  thirty 
days. 

Mnnlcipal  civil  service;  mayor  to  ap- 
point commissioners. 

Sec.  123.  The  mayor  shall  appoint  three  or 
more  suitable  persons  as  commissioners  to 
prescribe  and  amend,  subject  to  his  approval, 
and  to  enforce  regulations  for  appointments 
to,  and  promotions  in,  the  civil  serv- 
ice thereof,  and  for  classifications  and 
examinations  therein,  and  for  the  reg- 
istration and  selection  of  laborers  for 
employment  therein,  in  pursuance  of  the  con- 
stitution of  this  state.  Said  commissioners 
shall  receive  no  compensation. 

Regulations. 

Sec.  124.  Such  regulations  shall,  among 
other  things,  provide 

1.  For  the  classification  of  the  offices, 
places  and  employments  in  the  civil  serv- 
ice of  the  said  city. 

2.  For  examinations,  wherever  practica- 
ble, to  ascertain  the  fitness  of  applicants 
for  appointment  to  the  civil  service  of  said 
city. 

All  examinations  shall  be  public.  Ni 
question  in  any  examination  under  the  rule; 
established  as  aforesaid  shall  relate  to  po- 
litical or  religious  opinions  or  affiliations, 
and  no  appointment  or  selection  to  or  re- 
moval from  an  office  or  employment  within 
the  scope  of  the  rules  established  as  afore- 
said, shall  be  in  any  manner  affected  or  in- 
fiuenced  by  such  opinions  or  affiliations. 
Such  examinations  shall  be  practical  in 
their  character  and  shall  relate  to  those 
matters  which  will  fairly  test  the  relative 
capacity  and  fitness  of  the  persons  examined 
to  discharge  the  duties  of  the  position  to 
which  they  seek  to  be  appointed.  Such  ex- 
aminations, save  in  the  case  of  applicants 
for  employment  as  laborers,  shall  be  open, 
competitive  examinations,  except  where, 
after  due  efforts  by  previous  public  adver- 
tisement or  other  effort  in  case  of  extraor- 
dinary emergency,  competition  is  found  not 
to  be  practicable.  The  examination  of  ap- 
plicants for  employment  as  laborers  shall 
relate  to  their  capacity  for  labor,  their 
habits  as  to  industry  and  sobriety,  and  the 
number  of  persons  dependent  upon  them 
for  support. 

3.  For  the  filling  of  vacancies  in  the  of- 
fices, places,  and  employments  in  the  public 
service  which  are  subject  to  competitive 
examination  by  selection  from  among  those 
graded  highest  as  the  result  of  such  ex- 
amination, provided,  however,  that  soldiers 
and  sailors  honorably  discharged  from  the 
army  and  navy  of  the  United  States  in  the 
late  civil  war,  who  are  citizens  and  resi- 
dents of  this  state,  shall  be  entitled  to  pref- 
erence in  appointment  and  promotion  from 
any  list  from  which  an  appointment  or 
promotion  is  to  be  made,  without  regard  to 
their  standing  on  such  list. 

4.  For  a period  of  probation  before  an  ap- 
pointment or  employment  is  made  per- 
manent. 

5.  For  promotions  in  office  on  the  basis 
of  ascertained  merit  and  seniority  in  serv- 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK, 


15 


ice,  and  upon  such  examination  as  may  be 

for  the  good  of  the  public  service. 
Antliority  and  dnty  of  commissioners. 

Sec.  125.  The  persons  so  appointed  or  em- 
ployed shall  be  known  as  municipal  civil 
service  commissioners,  and  within  the  amount 
appropriated  therefor  they  shall  have  ■ au- 
thority to  employ  a secretary,  examiners 
and  such  other  subordinates  as  may  be  nec- 
essary. It  shall  be  the  duty  of  such  persons 
to  make  reports  from  time  to  time  to  the 
state  civil  service  commission,  whenever  said 
commission  may  request,  of  the  manner  in 
which  the  civil  service  law,  and  the  rules 
and  regulations  thereunder,  have  been  and 
are  administered,  and  the  results  of  their  ad- 
ministration in  such  city,  and  of  such  other 
matters  as  said  commission  may  require,  and 
annually  on  or  before  the  tenth  day  of  Janu- 
ary in  each  year  to  make  such  a report  to  said 
commissioner,  and  it  shall  be  the  duty  of  said 
state  commission  in  its  annual  report  to  set  out 
either  these  reports,  or  a sufficient  abstract 
or  summary  thereof,  to  give  full  and  clear 
information  as  to  their  contents. 

It  shall  be  the  duty  of  all  persons  in  the  offi- 
cial service  of  the  city  to  conform  to  and  com- 
ply with  said  rules  and  regulations,  and  any 
modifications  thereof  made  pursuant  to  the 
authority  of  this  section  or  said  rules  and 
regulations,  and  to  aid  and  facilitate  in  all 
reasonable  and  proper  ways  the  enforcement 
of  said  rules  and  regulations  and  any  modifi- 
cations thereof,  and  the  holding  of  all  examin- 
ations which  may  be  required  under  the  au- 
thority of  this  section  or  said  rules  and 
regulations.  Until  the  appointment  of  a 
municipal  civil  service  commission  under  this 
act  in  said  city  the  municipal  civil  service  com- 
missioners now  in  existence  in  any  part  of  the 
territory  of  said  city  shall  continue  In  office, 
and  the  civil  service  rules  now  in  force 
therein  shall  continue  to  be  in  force  until 
the  adoption  of  new  rules  hereunder.  The  au- 
thority by  this  section  conferred  shall  not  be 
sc  exercised  as  to  take  from  any  policeman 
or  fireman  any  right  or  benefit  now  conferred 
by  law  or  by  this  act,  or  existing  under  any 
lawful  regulation  of  the  department  in  which 
he  serves.  Proper  provisions  shall  be  made 
in  the  annual  budget  for  all  the  expenses  of 
the  municipal  civil  service  commissioners. 

Warrants  for  payment  of  salary;  Tvlien 

not  to  be  issned. 

Sec.  126.  Any  officer  of  said  city  whose  duty 
it  is  to  sign  or  countersign  warrants,  shall 
not  draw,  sign  or  issue,  or  authorize  the 
drawing,  signing  or  issuing  of  any  warrant 
on  the  chamberlain  or  other  disbursing  offi- 
cer of  the  city  for  the  payment  of  salary 
to  any  person  in  its  service  whose  appoint- 
ment has  not  been  made  in  pursuance  of  this 
chapter  and  the  rules  in  force  thereunder, 
provided,  however,  that  this  section  shall  not 
apply  to  persons  now  in  office  who  are  by 
this  act  continued  in  office,  or  transferred 
in  service. 

A'etcrans. 

Sec.  127.  All  veterans  either  of  the  army  or 
navy  or  the  volunteer  fire  departments,  now 
in  the  service  of  either  of  the  municipal  and 
public  corporations  hereby  consolidated,  who 
are  now  entitled  by  law  to  serve  during  good 
behavior,  or  who  cannot  under  existing  law 
be  removed  except  for  cause,  shall  be 
retained  in  like  positions  and  under  the  same 
conditions  by  the  corporation  constituted  by 
this  act,  to  serve  under  such  titles  and  In 
such  way  as  the  head  of  the  appropriate  de- 
partment or  the  mayor  may  direct. 

Barean  of  mnnicipal  ntatlHticH. 

Sec.  12S.  There  shall  be  a bureau  or  mu- 
nicipal statistics  of  the  city  of  New  York 


for  the  purpose  of  collecting,  keeping  and 
publishing,  as  hereinafter  or  otherwise  pro- 
vided by  law,  such  statistical  data  relating 
to  the  city,  as  shall  be  deemed  of  utility  or 
interest  to  the  city  government  or  its  citi- 
zens. 

Bureau;  how  con.sf ituted. 

Sec.  129.  The  bureau  of  municipal  statistics 
shall  consist  of  a chief  of  the  bureau  of 
municipal  statistics,  of  a municipal  statistical 
commission,  and  of  such  assistants  to  the 
chief  of  the  bureau,  as  may  be  found  neces- 
sary for  properly  carrying  on  the  tvork  of  the 
bureau. 

Chief  of  bureau  to  be  appointed  by  tine 
niayoi". 

Sec.  130.  The  chief  of  the  bureau  of  munic- 
ipal statistics  shall  be  appointed  by  the  mayor 
for  a term  of  four  years,  and  shall,  unless 
sooner  removed,  bold  office  until  his  succes- 
sor shall  be  appointed  and  has  duly 
qualified.  He  shall  be  ex-officio  a mem- 
ber and  the  chairman  of  the  municipal  statis- 
tical commission. 

Monieii>al  .statistical  commission;  how 
constituted. 

Sec.  131.  The  municipal  statistical  commis- 
sion shall  consist  of  not  less  than  three,  nor 
more  than  six  members,  exclusive  of  the 
chief  of  the  bureau  of  municipal  statistics. 
Such  members  shall  he  appointed  by  the 
mayor  and  shall  be  residents  of  the  city.  They 
shall  be  appointed  with  special  reference  to 
their  qualifications  to  give  expert  advice  upon 
statistical  subjects.  Their  term  of  office 
shall  be  six  years;  but  the  members  of  the 
commission  first  appointed  shall  by  lot  di- 
vide themselves  into  three  classes,  so  that 
one-third  shall  retire  at  the  end  of  two  years, 
one-third  at  the  end  of  four  3-ears  and  one- 
third  at  the  end  of  six  years.  The  successors 
to  such  original  commissioners  shall  be  ap- 
pointed for  the  term  of  six  years. 

Meetings  of  commission;  yuorum. 

Sec.  132.  The  municipal  statistical  commis- 
sion shall  meet  at  such  times  as  may  be  con- 
venient, but  at  least  once  in  each  month.  A 
majority  of  the  commission  shall  constitute 
a quorum  fox  the  transaction  of  business. 

Place  of  mectins'. 

Sec.  133.  It  shall  be  the  duty  of  the  hoard 
of  estimate  and  apportionment  to  provide 
suitable  offices,  furniture  and  appliances  for 
the  use  of  the  bureau  of  municipal  statistics. 

Com]>ensation  of  cbicf  of  bureau  and 
bis  assistants,  and  of  tlie  commission 
Sec.  134.  The  chief  of  the  bureau  of  munici- 
pal statistics  shall  receive  an  annual  salary 
of  .$3,500.  He  shall  appoint  his  assistants,  and 
shall  fix  their  salaries  with  the  approval  of 
the  board  of  estimate  and  apportionment.  The 
members  of  the  municipal  ritatistical  commis- 
sion shall  receive  no  compensation. 

Powers  uiid  duties  of  tlie  commi.ssion. 

See.  135.  The  municipal  statistical  commis- 
sion shall  make  such  rules  and  by-lav/s  as 
may  be  necessary  for  the  regulation  of  the 
bureau  of  municipal  statistics  not  in  conflict 
with  this  act,  or  with  any  latv  of  this  state  or 
of  the  United  States,  and  shall  direct  the  gen- 
eral work  of  the  bureau  of  municipal  statis- 
tics. The  commission  shall  devise  and  carry 
out  plans  for  the  collection  and  publication 
by  the  bureau  of  municipal  statistics  of  such 
statistical  data  relating  to  the  City  of  New 
York  as  it  may  deem  advisable  to  publish.  The 
head  of  each  department  of  the  city  shall, 
upon  a request  from  the  commission  made 
through  the  mayor,  and  approved  by  him, 
transmit  to  the  chief  of  the  bureau  of  munici- 
pal statistics  for  use  by  the  commission,  upon 
such  blanks  as  may  be  provided,  or  in  such 


other  manner  as  may  be  deemed  convenient 
by  the  commission,  such  statistical  data  re- 
lating to  the  work  of  such  department  as  the 
commission  may  call  for. 

Powers  and  duties  of  ebief  of  bureau. 

Sec.  136.  The  chief  of  the  bureau  of  munici- 
pal statistics  shall  have  charge  of  the  execu- 
tion of  the  plans  outlined  by  the  statistical 
commission,  and  shall,  under  the  direction  of 
the  commission,  attend  to  the  collection,  tabu- 
lation and  publication  of  reports  directed  to 
be  published  by  the  commission. 

Publication  of  sfafi.sties. 

Sec.  137.  The  bureau  of  municipal  statis- 
ti'os  shall  publish  annually,  with  the  approval 
oif  the  board  o-f  estimate  and  apportionment, 
a volume  to  be  known  as  the  “Municipal  Sta- 
tistios  of  the  City  of  New  York  for  the 
year  In  this  volume  the  statistical 

coim‘mi.ssi'on  shall  publish,  in  so  far  as  it  may 
deem  advisable,  the  results  attending  the 
work  of  the  various  departments  of  the  city 
goveniiment  for  the  preceding  calendar  year, 
and  such  other  statistical  information  and 
facts  relating  to  the  city  of  New  York  or  Its 
inhabitan'ts  as  it  may  deem  of  general  public 
interesit.  Such  publication  shall  contain  sta- 
tistics reloiting  to  births,  marriages,  deaths; 
to  the  sanitary  condition  of  the  city;  to  the 
sup-ervision  of  the  tvater  supply,  parks, 
streets,  pavements,  sewers  and  buildings  of 
the  city;  to  the  occurrence  of  fires;  to  the 
administration  of  charities  and  corrections; 
to  the  administration  O'f  the  police  depart- 
ment; to  the  judiciary  and  its  various  de- 
partments and  branches;  to  crime;  to  the 
business  and  proceedings  of  the  criminal 
courts  and  officers  of  the  city;  to  the  opera- 
tion of  the  license  laws;  to  the  children  at- 
tending school  and  to  the  public  schools,  to 
the  tvork  of  the  department  of  education,  and 
to  the  population  of  the  city  of  school  age; 
to  franchises  granted  to  corporations,  and 
whether  they  shall  have  been  put  in  use  or 
not;  to  municipal  revenues  and  expenditures; 
to  the  adminie-fration  of  the  various  city  de- 
partments having  charge  of  the  expenditure 
of  city  moneys;  to  the  administration  of  the 
tax  department,  and  to  the  wealth  and  indebt- 
edness of  the  city;  and  also  a.  general  state- 
ment of  the  legislative  enactments  relating 
to  the  government  of  the  city  of  New  York. 

Uimitatioii  oi  exiicnsc  of  maintaining 

tbc  bnreau  of  mnnicipal  statistics. 

Sec.  138.  The  expenses  of  such  publications 
and  all  other  expenses  of  the  'bureau  of  mu- 
nicipal statistics,  shall  be  included  in  the  an- 
nual budget.  The  total  expense  of  maintain- 
ing the  bureau  of  municipal  statistics,  includ- 
ing salaries,  shall  not  exceed  in  any  one  year 
the  sum  of  ten  thousand  dollars,  unless  oth- 
erwise provided  by  the  board  of  estimate  and 
apportionment  and  the  municipal  assembly. 

CHAPTER  VI. 

DEPARTMENT  OF  FINANCE. 

Title  1.  The  Controller. 

Title  2.  The  Bonds  and  Obligations  of  the 
City. 

Title  3.  The  Chamberlain. 

Title  4.  The  Sinking  Funds. 

Title  5.  Appropriations  and  the  Board  of 
Estimate  and  Apportionment. 

Title  6.  Levying  Taxes. 

TITLE  1. 

THE  CONTROLLER. 

General  duties;  settlement  of  claims. 

Assent  to  certain  contracts  required. 

Election.  Salary. 

Sec.  149.  The  finance  department  shall  have 
control  of  the  fiscal  concerns  of  the  corpora- 
tion. All  accounts  rendered  to  or  kept  in  the 
other  departments  shall  be  subject  to  the  in- 


le  THE  CHARTER  OF  THE  CITY  OF  NEW  YORK, 


•pectlon  and  revision  of  the  officers  of  this  de- 
partment. ’It  shail  prescribe  the  forms  of 
keeping  and  rendering  aii  city  accounts,  and, 
except  as  herein  otherwise  provided,  the  man- 
ner in  which  all  salaries  shall  be  drawn,  and 
the  mode  by  which  all  creditors,  officers  and 
employes  of  the  corporation  shall  be  paid.  All 
payments  by  or  on  behalf  of  the  corporation, 
except  as  otherwise  specially  provided,  shall 
be  made  through  the  proper  disbursing  offi- 
cer of  the  department  of  finance,  on  vouchers 
to  be  filed  in  said  department,  by  means  of 
warrants  drawn  on  the  chamberlain  by  the 
controller,  and  countersigned  by  the  mayor. 
The  controller  may  require  any  person  pre- 
senting for  settlement  an  account  or  claim 
for  any  cause  whatever,  against  the  corpora- 
tion, to  be  sworn  before  him  touching  such 
account  or  claim,  and  when  so  sworn,  to  an- 
swer orally  as  to  any  facts  relative  to  the 
justness  of  such  acdount  or  claim.  Wilful 
false  swearing  before  him  is  perjury,  and 
punishable  as  such.  He  shall  settle  and  ad- 
just ail  claims  in  favor  of  or  against  the  cor- 
poration, and  all  accounts  in  which  the  cor- 
poration is  concerned  as  debtor  or  creditor; 
but  in  adjusting  and  settling  such  claims,  he 
shall,  as  far  as  practicable,  be  governed  by 
the  rules  of  law  and  principles  of  equity 
which  prevail  in  courts  of  justice.  The  power 
hereby  given  to  settle  and  adjust  such  claims 
shall  not  be  construed  to  give  such  settlement 
and  adjustment  the  binding  effect  of  a 
judgment  or  decree,  nor  to  authorize  the 
controller  to  dispute  the  amount  of  any  salary 
established  by  or  under  the  authority  of  any 
officer  or  department  authorized  to  establish 
the  same,  nor  to  question  the  due  perform- 
ance of  his  duties  by  such  officer,  except  when 
necessary  to  prevent  fraud.  The  controller 
shall  not  reduce  the  rate  of  interest  upon 
any  taxes  or  assessments  below  the  amount 
fixed  by  law.  No  contract  hereafter  made, 
the  expense  of  the  execution  of  which  is  not 
by  law  or  ordinance,  in  whole  or  in  part,  to 
be  paid  by  assessments  upon  the  property 
benefited,  shall  be  binding  or  o'!  any  force,  un- 
less the  controller  shall  indorse  thereon  his 
certificate  that  there  remains  unexpended 
and  unapplied,  as  herein  provided,  a balance 
of  the  appropriation  or  fund  applicable  there- 
to, sufficient  to  pay  the  estimated  expense  of 
executing  such  contract,  as  certified  by  the 
officer  making  the  same.  But  this  provision 
shall  not  apply  to  work  done,  or  supplies  fur- 
nished, not  involving  the  expenditure  of  more 
than  one  thousand  dollars,  unless  the  same 
Is  required  by  law  to  be  done  by  contract,  at 
public  letting.  It  shall  be  the  duty  of  the 
controller  to  make  such  indorsement  upon 
every  such  contract  so  presented  to  him,  if 
there  remains  unapplied  and  unexpended  s-uoh 
amount  so  specified  by  the  officer  making  the 
contract,  and  to  thereafter  hold  and  retain 
such  sum  to  pay  the  expense  in- 
curred until  the  said  contract  shall  be 
fully  performed.  . And  such  indorsement 
shall  be  sufficient  evidence  of  such  appropria- 
tion or  fund  in  any  action.  The  controller 
shall  furnish  to  each  head  of  department, 
weekly,  a statement  of  the  unexpended  bal- 
ances of  the  appropriation  for  his  department. 
Wages  and  salaries,  except  as  otherwise  pro- 
vided in  this  act,  may  be  paid  upon  pay  rolls, 
upon  which  each  person  named  thereon  shall 
separately  receipt  for  the  amount  paid  to  such 
person,  and  in  every  case  of  payment  upon  a 
pay  roll  the  warrant  for  the  aggregate  amount 
of  wages  and  salaries  included  therein  may  be 
made  payable  to  the  superintendent,  foreman 
or  other  officer  designated  for  the  purpose. 
The  controller  shall  enter  into,  upon  behalf 
of  the  city  of  New  York,  any  lease  authorized 
by  the  commissioners  of  the  sinking  fund 
of  property  leased  to  the  city.  The  assent  of 
tbe  controller  shall  be  necessary  to  all  agree- 


ments hereafter  entered  into  by  any  city  offi- 
cer or  department  for  the  acquisition  by  pur- 
chase of  any  real  estate  or  easement  therein, 
when  such  an  agreement  involves  an  obliga- 
tion to  pay  or  an  expenditure  of  any  money  on 
behalf  of  the  city,  and  in  any  proceedings  that 
may  hereafter  be  had  to  acquire  real  estate  oi 
hereditaments  for  or  on  behalf  of  the  corpora- 
tion of  the  city  of  New  York,  before  an  award 
shall  be  confirmed,  imposing  an  obligation  up- 
on the  city  to  pay  any  moneys,  the  controller 
shall  have  thirty  days’  notice  in  writing,  stat- 
ing before  whom  and  at  what  time  such  pro- 
ceeding will  take  place.  The  controller  of  the 
city  of  Nev/  York  shall  be  elected  and  shall 
hold  office  as  provided  in  this  act,  and  he  shall 
receive  an  annual  salary  cf  $10,000. 

To  appoint  tlepnfy  oontroHer. 

'Sec.  150.  The  comptroller  shall  appoint,  and 
for  cause  to  be  stated  in  the  City  Record,  at 
pleasure  remove,  two  deputy  comptrollers.  The 
said  deputy  comptrollers  shall,  in  addition  to 
their  other  powers,  possess  any  or  every 
power  and  perform  any  or  every  duty  belong- 
ing to  the  office  of  the  comptroller,  whenever 
the  said  comptroller  shall,  by  due  written  au- 
thority and  during  a period  of  time  not  ex- 
tending beyond  three  months,  nor  beyond  his 
term  of  office,  and  to  be  specified  in  such  au- 
thority, designate  and  authorize  the  said  dep- 
uty comptrollers  or  either  of  them  to  possess 
such  powers  and  perform  such  duties  and 
such  designation  and  authority  shall  be  duly 
filed  in  and  remain  of  record  in  the  depart- 
ment of  finance  and  in  the  mayor’s  office.  The 
said  deputy  comptrollers  shall  possess  the  like 
authority  in  case  of  the  disability  of  the  comp- 
troller, upon  the  like  designation  of  the 
mayor,  which  shall  be  filed  and  remain  of 
record  as  aforesaid;  but  such  authority  de- 
rived from  a designation  from  the  comptroller 
or  the  mayor,  may  at  any  time  be  terminated 
in  the  same  manner  as  it  was  created. — [Thus 
amended  by  Chapter  130,  Laws  of  1899.] 

Bureaus  of  tlie  finance  department. 

Sec.  151.  There  shall  be  five  bureaus  in 
this  department. 

1.  A bureau  for  the  collection  of  revenue 
accruing  from  rents  and  interests  on  bonds 
and  mortgages,  and  revenue  arising  from  the 
use  or  sale  of  property  belonging  to  or  man- 
aged by  the  city,  and  the  management  of 
the  markets,  the  stalls  or  stands  In  which 
shall  be  rented  on  permits,  to  be  issued 
by  the  controller,  all  of  such  permits  here- 
tofore or  to  be  hereafter  issued  to  be  re- 
vocable by  the  controller  for  good  and 
sufficient  cause,  and  not  otherwise,  which 
shall  be  known  as  the  bureau  for  fhe  col- 
lection of  city  revenue  and  of  markets.  The 
chief  officer  of  such  bureau  shall  be  called 
the  collector  of  city  revenue  and  the  su- 
perintendent of  markets. 

2.  A bureau  for  the  collection  of  taxes, 
the  chief  officer  of  which  shall  be  called  the 
receiver  of  taxes.  He  shall  receive  a sal- 
ary at  the  rate  of  $5,000  per  "annum. 

3.  A bureau  for  the  collection  of  assess- 
ments, and  of  such  taxes,  assessments  and 
water  rents  as  are  in  arrears,  the  chief  offi- 
cer of  w’hich  shall  be  called  the  collector 
of  assessments  and  arrears.  He  shall  re- 
ceive a salary  at  the  rate  of  $4,000  per 
annum. 

4.  An  auditing  bureau,  which  under  the 
supervision  of  the  controller  shall  audit, 
revise  and  settle  all  accounts  in  which  the 
city  is  concerned,  as  debtor  or  creditor,  and 
the  chief  officers  whereof  shall  be  called 
auditors  of  accounts,  to  be  appointed  or  re- 
moved, as  shall  be  also  deputy  auditors,  at 
the  pleasure  of  the  controller.  The  num- 
ber of  said  auditors  and  deputy  auditors, 
as  well  as  their  salaries,  shall  be  such 


as  the  controller  shall  from  time  tb  tiipe 
fix  and  determine.  During  the  absence  of 
either  or  any  or  all  of  said  auditors  of  ac- 
counts, from  illness  or  other  cause,  said 
deputy  auditors  or  any  or  either  of  them 
shall,  when  and  to  the  extent  he  or  they 
may  be  authorized  so  to  do  in  writing  by  the 
controller,  perform  the  duties  and  exercise 
the  powers  of  either  or  of  any  or  of  ail 
of  the  said  auditors  of  accounts.  The  .said 
auditing  bureau  shall  keep  an  account  of 
each  claim  for  and  against  the  corporation, 
and  of  the  sums  allowed  upen  each,  and 
certify  the  same  to  the  controller,  with  the 
reasons  for  the  allowance.  The  controller 
may  detail  any  ofsuch  auditors  and  depoiy 
auditors  as  ho  may  deem  proper  to  the  bor- 
ough hall  cf  the  borough  of  Brooklyn,  to 
the  borough  hall  of  the  borough  of  the 
Bronx,  to  the  borough  hall  of  the  borough 
of  Queens  and  to  the  borough  hall  of  the 
borough  of  Richmond,  in  addition  to  such 
as  may  be  in  the  chief  office  cf  the  con- 
troller in  the  borough  of  Manhattan.'  All 
such  accounts  arising  from  local  improve- 
ments within  the  borough  of  Brooklyn  may 
be  audited,  revised  and  settled  by  the  audi- 
tor or  the  auditors  of  accounts  so  detailed 
as  aforesaid  by  the  controller  in  the  borough 
hall  of  the  borcugh  of  Brooklyn.  All  such 
accounts  arising  from  local  improvements 
within  the  borough  of  Queens  may  be 
audited,  revised  and  Settled  by  the  auditor 
or  auditors  of  accounts  so  detailed  as  afore- 
said by  the  controller  in  the  borough  hall 
of  the  borough  of  Queens.  All  such  ac- 
counts arising  from  local  improvements 
within  the  borough  of  Richmond  may  be  au- 
dited, revised  and  settled  by  the  auditor 
or  auditors  of  accounts  so  detailed  as 
aforesaid  by  the  controller  in  the  borough 
hall  of  the  borough  cf  Richmond.  And  all 
such  accounts  arising  from  local  improve- 
ments within  the  boroughs  of  Manhattan 
and  the  Bronx  may  be  audited,  revised  and 
settled  by  any  of  the  auditors  of  accounts  in 
the  chief  office  of  the  controller  in  the  bor- 
cugh cf  Manhattan,  or,  so  far  as  the  bor- 
ough of  the  Bronx  is  concerned,  in 
the  office  to  be  located  in  the  bor- 
ough hall  of  the  borough  of  the 

Bronx,  and  the  auditors  of  accounts 
may  have'  such  clerks  and  assistants, 
examiners,  engineers,  inspectors  and  em- 
ployes as  the  controller  may  deem  neces- 
sary and  proper,  to  be  appointed  by  the 
controller.  The  number  of  said  appointees, 
and  their  salaries,  shall  be  fixed  and  deter- 
mined from  time  to  time  by  the  control- 
ler. 

5.  A bureau  for  the  reception  and  safe 
keeping  of  all  moneys  paid  into  the  'rea>- 
ury  of  the  city,  and  tor  the  payment  of 
money  on  warrants  drawn  by  the  controller 
and  countersigned  by  the  mayor,  the  chief 
officer  of  which  shall  be  called  the  cham- 
berlain. 

Aijpointnient  and  bond  of  receiver  of 
taxes  and  collector  of  assessments 
and  arx'ears. 

Sec.  152.  The  controller  shall  appoint  the 
receiver  of  taxes  and  the  collector  of  assess- 
ments and  arrears.  The  receiver  of  taxes  and 
the  collector  of  assessments  and  arrears,  be- 
fore entering  upon  the  duties  of  their  offices, 
shall  each  enter  into  a bond  to  the  city 
of  New  York  to  be  approved  by  the 
chamberlain  and  controller  in  the  pen- 
al sum  of  twenty-five  thousand  dollars,  which 
bond  shall  be  conditioned  for  the  faithful  per- 
formance of  the  duties  of  the  office  by  the  offi- 
cer giving  such  bond.  Every  such  bond  shall 
be  a lien  on  all  the  real  estate  held  jointly 
and  severally  by  the  said  receiver  or  the  said 
collector  executing  the  same,  as  the  case  mav 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


17 


be,  or  any  surety  thereto,  within  any  of  the 
counties  embraced  in  the  city  of  New  York  at 
the  time  of  the  filing  thereof,  unless  there  be 
named  and  described  In  or  on  any  such  bond 
real  estate  in  one  or  more  of  such  counties 
equal  in  value  to  the  amount  of  said  bond  and 
owned  by  a surety,  in  which  case  the  said 
bond  shall  be  a lien  on  such  real  es- 
tate so  described  and  upon  all  the  real  estate 
of  the  said  receiver  or  collector  as  the  case 
may  be,  and  no  other,  and  shall  continue  to 
be  such  lien  until  the  condition,  together  with 
all  costs  and  charges  which  may  accrue  by  the 
prosecution  thereof  shall  be  fully  satisfied, 
not  to  exceed,  however,  the  period  of  ten 
years  after  the  expiration  of  the  term  of  the 
officer  who  has  given  such  bond,  unless  an  ac- 
tion thereon  has  been  commenced  and  shall 
then  be  pending. 

Renewal  of  bond. 

Sec.  153.  If  at  any  time  during  the  continu- 
ance in  office  of  the  said  receiver  of  taxes 
or  of  any  of  the  deputy  receivers  of  taxes  or 
of  the  collector  of  assessments  and  arrears  or 
of  any  of  the  deputy  collectors  of  assessments 
and  arrears  the  controller  shall  deem  any 
surety  of  them  or  either  of  them  to  be  in- 
sufficient, he  may  require  the  said  receiver 
or  any  deputy  receiver  or  collector  or  any  dep- 
uty collector,  to  enter  into  a new  bond 
to  be  approved  in  like  manner  as 

herein  prescribed,  within  such  time  as 
said  controller  may  direct,  not  being  less 
than  ten  days  after  requiring  such  new  bond 
to  be  given;  and  in  case  of  the  neglect  or  re- 
fusal of  any  such  officer  to  furnish  such  bond 
within  the  time  so  directed,  the  controller 
may  declare  his  office  vacant. 

Accoants  of  receiver  and  collector  and 
their  deputies  to  be  examined. 

Sec.  154.  Upon  the  expiration  of  the  term 
of  office  of  the  receiver  of  taxes  or  of  any 
deputy  receiver  or  of  the  collector  of  assess- 
ments and  arrears  or  of  any  deputy  collector 
and  witffiin  one  year  thereafter,  it  shall  be  the 
duty  of  the  controller  to  examine  the  ac- 
counts of  such  receiver  or  collector  or  depu- 
ty, and  if  found  correct  to  cause  a certificate 
to  that  effect  to  be  filed  with  the 'bond  of  such 
officer,  and  such  certificate  so  filed  shall  be  a ' 
full  discharge  and  saitisfactlon  of  the  condi- 
tions of  such  bond  and  the  lien  or  liens  there- 
by created.  And  if  at  any  time  during  his 
continuance  in  office  any  such  receiver,  col- 
lector, or  deputy  receiver,  or  deputy  collect- 
or ^all  execute  and  file  with  the  controller 
a new  bond  in  the  same  form  and  penalty  and 
approved  as  provided  in  section  152,  it  shall  be 
the  duty  of  the  controller  to  examine  and 
adjust  the  accounts  of  such  receiver  or  col- 
lector or  deputy,  to  the  date  at  such  filing, 
and.  If  found  correct  to  cause  a certificate  to 
that  effect  to  be  filed  with  the  bond  or  bonds 
previously  filed  by  such  officer,  and  such  cer- 
tificates so  filed  shall  be  the  full  discharge 
and  satisfaction  of  the  condition  of  such  prior 
bond  or  bonds  and  of  the  lien  or  liens  there- 
by created. 

Receiver  of  taxes  and  collector  of  as- 
sessments and  arrears)  where  to 
keep  offices. 

Sec.  155.  The  receiver  of  taxes  and  'the  col- 
lector of  assessments  and  arrears  shall  each 
have  his  chief  office  in  the  borough  of  Man- 
hattan at  such  places  as  shall  he,  from  time 
to  time,  by  ordinance  of  the  municipal  as- 
sembly designated  for  that  purpose.  Each 
of  them  shall  also  have  an  office  in  the  bo- 
ron^ of  Brooklyn,  in  the  borough  of  the 
Bronx,  in  the  borough  at  Queens  and  in  the 
borough  at  Richmond,  at  suet  places  in  said 


boroughs  as  shall  be  designated  by  the  mu- 
nicipal assembly. 

Receivers  of  taxes  and  collector  of  as- 
sessments and  arrears  may  appoint 

deputies. 

Sec.  156.  The  receiver  of  taxes  and  the  col- 
lector of  assessments  and  arrears  may  each 
appoint  the  requisite  number  of  deputy  tax 
receivers'  and  of  deputy  collectors  of  assess- 
ments and  arrears  respectively.  Each  of  them 
shall  take  from  each  deputy  so  appointed  by 
him  a bond,  in  such  penal  sum  and  with  such 
sureties  as  may  be  approved  by  him  and  by 
the  controller  and  chamberlain,  which  bond 
shall  run  to  the  receiver  or  the  collector,  as 
the  case  may  be,  the  city  of  New  York  and 
to  whom  it  may  concern,  and  shall  be  con- 
ditioned for  the  faithful  performance  of  the 
duties  of  such  deputy.  The  receiver  of  taxes, 
and  his  sureties,  shall  be  liable  lor  the  acts 
and  defaults  of  the  deputy  receivers  so  ap- 
pointed, and  the  collector  of  assessments  and 
arrears,  and  his  sureties,  shall  be  liable  for 
the  acts  and  defaults  of  the  deputy  collectors. 
Each  bond  taken  in  pursuance  of  the  provis- 
ions of  this  section  shall  be  filed  with  the 
controller.  Each  deputy  receiver  of  taxes 
shall  have  all  the  powers  and  be  subject  to  all 
the  duties  of  the  receiver  of  taxes  in  respect 
to  the  collection  and  receipt  of  taxes,  and  each 
deputy  collector  of  assessments  and  arrears 
shall  have  all  the  powers  and  be  subject  to  all 
the  duties  of  the  collector  of  assessments  and 
arrears,  in  respect  to  the  collection  of  assess- 
ments and  arrears.  The  deputy  receiver  of 
taxes  and  deputy  collectors  of  assessments  and 
arrears  shall  receive  annual  salaries  to  be 
fixed  by  the  controller  in  his  discretion,  with- 
in the  limits  of  the  appropriation  made  there- 
for. 

Where  taxes,  assessments  and  arrears 

dne  and  i>ayal>le. 

Sec.  157.  Taxes,  assessments  and  arrears 
due  upon  property  within  the  borough  of  Man- 
hattan, shall  be  payable  and  receivable  at  the 
main  offices  of  the  receiver  of  taxes  and  of  the 
collector  of  assessments  and  arrears  respect- 
ively, in  said  borough.  Taxes,  assessments 
and  arrears  due  upon  property  situated  in 
every  other  borough  shall  be  payable  at  the 
offices  of  said  receiver  of  taxes  or  collector  of 
assessments  and  arrears  respectively,  in  the 
borough  in  which  said  property  is  situated. 

Bond  of  receiver  and  collector  to  he 

died. 

Sec.  158.  The  bonds  given  by  the  receiver 
of  taxes  and  the  collector  of  assessments  and 
arrears  as  hereinbefore  provided  shall  be  filed 
and  remain  in  the  office  of  the  controller,  and 
true  copies  thereof,  certified  by  the  con- 
troller, shall  be  filed  in  the  office  of  the  clerk 
of  each  of  the  counties  wholly  or  partly  em- 
braced within  the  city  of  New  York  and  shall 
be  public  records.  In  case  a certificate  of  the 
adjustment  of  the  accounts  of  any  receiver  or 
collector  be  made  as  hereinbefore  provided 
a true  copy  thereof,  certified  by  the  controller, 
shall  be  filed  in  each  of  the  offices  in  which  a 
copy  of  the  bond  of  said  receiver  or  collector 
shall  have  been  filed. 

Asfiessment  lists  to  be  died. 

Sec.  159.  There  shall  be  kept  in  the  office  of 
the  controller  a full  and  complete  record,  in 
detail,  of  all  lists  of  assessments  confirmed, 
whether  by  the  supreme  court  or  the  board  of 
revision  or  the  board  of  assessors,  with  the 
date  of  confirmation  and  the  date  of  entry  un- 
der such  record,  which  record  shall  be  open 
to  inspection  during  office  hours,  and  the 
same  shall  be  received  as  presumptive  evi- 
dence of  the  facts  therein  contained.  An  as- 
sessment shall  become  a Hen  upon  the  real  es- 
tate affected  thereby  immediately  upon  its 
entry  in  the  said  record.  If  any  such  as- 


sessment list  affects  property  situated  in  any 
borough  other  than  the  borough  of  Manhat- 
tan a copy  of  such  list  shall  forthwith  be 
transmitted  to  and  filed  in  the  office  of  the 
collector  of  assessments  and  arrears  in  the 
borough  in  which  is  situated  the  property  so 
affected. 

Coiiti'oller  to  appoint  clerks  niid  a.s- 

sistants. 

Sec.  160.  The  controller  shall  appoint  as 
many  clerks  and  assistants  to  the  receiver  of 
taxes  and  the  collector  of  assessments  and  ar- 
rears as  may  be  necessary,  and  shall  desig- 
nate the  boroughs  in  which  they  shall  respect- 
ively perform  their  duties,  and  shall,  within 
the  limits  of  the  appropriation  therefor,  fix 
their  salaries. 

Publication  of  financial  statement. 

Sec.  161.  It  shall  be  the  duty  at  the  con- 
troller to  publish  in  ihe  City  Record  and 
corporation  newspapers,  two  months  before 
the  election  of  municipal  officers,  a full  and 
detailed  statement  of  the  receipts  and  the 
expenditures  of  the  corporation  during  the 
two  years  ending  on  the  first  day  of  the 
month  in  which  said  publication  is  made, 
and  the  cash  balance  or  surplus;  and  in  every 
such  statement  the  different  sources  of  city 
revenue,  and  the  amount  received  from  each, 
the  several  appropriations  made,  the  objects 
for  which  the  same  were  made,  and  the 
amount  of  moneys  expended  under  each,  the 
money  borrowed  on  the  credit  of  the  corpo- 
ration, the  authority  under  which  each  loan 
was  made,  and  the  terms  on  which  the  same 
was  obtained,  shall  be  clearly  and  particular- 
ly specified. 

Application  of  certain  moneys. 

Sec.  162.  It  shall  be  lawful  for  the  con- 
troller to  apply  the  moneys  accruing  for  in- 
terest on  the  sales  of  lands  in  said  city  for 
unpaid  taxes,  assessments,  and  water  rents, 
or  so  much  thereof  as  shall  be  required, 
to  the  account  or  fund  designated  “lands 
purchased  for  taxes  and  assessments,”  such 
moneys  to  be  used  for  purchases  by  the  cor- 
poration at  such  sales. 

Dedication  of  certain  lands  for  mar- 
kets. 

Sec.  163.  The  lands  in  the  Ninth  ward  of 
that  part  of  the  corporation  heretofore  known 
as  the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York,  bounded  on  the  north  by 
Bloomfield  street,  on  the  south  by  Ganse- 
voort  street,  on  the  east  by  West  street  and 
Tenth  avenue,  and  on  the  west  by  Thirteenth 
avetjue,  being  a portion  of  the  lands  hereto- 
fore set  apart  by  law  for  use  as  a market 
place,  are  hereby  dedicated  to  market  pur- 
poses, and  shall  be  used  and  occupied  as 
such  in  the  manner  that  may  be  designated 
and  prescribed  by  the  commissioners  of  the 
sinking  fund,  who  shall  have  full  power  and 
authority  in  respect  thereto.  Said  commis- 
sioners of  the  sinking  fund  may,  in  their  dis- 
cretion, lease  said  lands  to  be  used  for 
public  market  purposes  for  such  term  of 
years,  with  such  covenants,  and  for  such 
annual  rentals,  as  in  their  judgment  shall 
be  for  the  best  interests  of  the  city,  or 
may  prepare  the  same  for  use  as  a public 
market.  The  block  of  ground  in  said  ward 
bounded  on  the  north  by  Little  Twelfth 
street,  on  the  south  by  Gansevoort  street, 
on  the  east  by  Washington  street,  and  on 
the  west  by  West  street  and  Tenth  avenue, 
is  hereby  declared  to  be  a public  market 
place,  and  subject  to  the  provisions  of  section 
205  of  this  act,  shall  be  kept  for  the  exclusive 
use  of  farmers  and  market  gardenei-s.  The 
department  of  finance  shall  have  sole  charge 
and  control  of  said  public  market  place  and 
of  the  wagon.s  employed  in  the  business  of 
selling  farm  and  garden  produce  in  said 


THE  CFT  UlTF 


THE  CITY  OF  NEW  YORK. 


IS 


city,  and  sh.’.i,'  'have  power  to  make  suitable 
regulations  concerning  fees,  the  hours  during 
which  the  said  business  shall  be  conducted, 
and  the  general  management  of  the  same. 

TITLE  2. 

THE  BONDS  AND  OBMGATIONS  OE 
THE  CITY. 

Coi'iiocnte  stock  of  the  cit.v  of  New 

York.  Hoiv  is.sued.  Pcovisiou.s  as  to 

houded  indebtedness. 

Sec.  169.  All  bonds  issued  by  the  city  of 
Now  York  on  and  after  January  1,  1898,  in 
pursuance  of  laws  already  passed  or  which 
may  hereafter  be  passed,  or  in  pursuance  of 
the  provisions  of  this  act,  excepting  assess- 
ment bonds  and  revenue  bonds,  shall  be 
known  as  "Corporate  Stock  of  the  City,  of 
New  York.”  For  the  redemption  and  pay- 
men-t  of  said  corporate  stock  and  the  interest 
thereon,  the  faith  and  credit  of  the  city  of 
New  York  shall  he  and  is  hereby  pledged. 
Such  corporate  stock  shall  be  in  such  form 
as  may  'be  designated  by  the  controller,  and 
shall  be  signed  'by  the  said  controller  and  the 
mayor  oif  the  city  of  New  York,  and  sealed 
with  the  common  seal  of  the  city  of  New 
York,  and  attested  by  the  city  clerk.  Such 
corporate  stock  s'hall  be  in  coupon  form  In 
sums  not  less  than  five  hundred  dollars  each 
share,  or  shall  be  registered,  and  shall  be 
conditioned  to  be  paid  in  gold  coin,  or  in  the 
legal  currency  of  the  United  States,  at  the  op- 
tion of  the  commissioners  of  the  sinking 
fund  and  shall  be  made  redeemable  at 
a period  of  not  less  than  ten,  nor 
more  than  fifty  years  from  the  date  there- 
of; provided,  however,  that  such  stock  when 
Issued  to  provide  for  the  supply  of  water 
shall  always  be  issued  in  the  manner  provid- 
ed by  Section  10  of  Article  VIII  of  the  consti- 
tution of  the  sfiite  of  New  York.  Such  cor- 
porate stock  and  all  assessment  bonds  and 
revenue  bonds,  as  well  as  all  bonds  hereafter 
to  be  issued  by  the  cHy  of  New  York  'by  vir- 
tue of  this  act  or  oif  any  dther  act,  whether 
general  or  special,  shall  be  free  and  exempt 
from  all  taxation,  except  for  state  purposes. 
The  interest  on  such  corporate  stock  and  on 
all  other  bonds  of  the  corporation,  except 
revenue  bonds,  shall  not  exceed  four  per  cen- 
tum per  annum,  and  shall  be  made  paya'ble 
quarterly,  or  semi-annually,  in  the  city  of 
New  York,  or  at  suc'h  other  place  as  may  be 
fixed  by  the  said  controller  at  the  time  of 
issue  of  said  stock  or  bonds;  provided,  how- 
ever, that  the  Interest  on  revenue  bonds,  is- 
sued in  anticipation  of  the  collection  of  taxes 
may  be  made  paya'ble  at  the  date  of  the  ma- 
turity thereof. 

Corporate  stock  of  the  city  of  New  York  is- 
sued in  pursuance  of  laws  already  passed  or 
which  may  be  herea.fter  passed,  or  in  pursu- 
ance of  the  provisions  of  this  act,  shall  be, 
unless  otherwise  provided  by  this  act,  issued 
by  the  controller  only  to  the  extent  to  which 
he  may  be  thereunto  authorized  by  resolu- 
tion of  the  municipal  assembly  and  the  board 
of  estimate  and  apportionment  adopted  by 
vote  as  provided  for  In  this  act;  provided, how- 
ever, that  wherever  by  existing  provisions  of 
law,  or  by  the  provisions  of  this  act,  the 
commissioners  of  the  sinking  fund  may  be 
epeciflcally  authorized  to  provide  for  the  issue 
of  stocks  or  bonds,  said  authorization  of  the 
controller  shall  be  made  by  said  commission- 
ers instead  of  the  said  municipal  assembly 
and  said  board  of  estimate  and  apportion- 
ment, and.  provided,  further,  that  whenever 
the  amount  of  stocks  or  bonds  required  to  be 
issued  in  pursuance  of  any  law'  for  any  one 
purpose  In  any  year  shal!  not  exceed  the  sum 
of  one  hundred  thousand  dollars,  the  con- 
troller may  issue  such  bonds  when  thereunto 


O !■' 


auth-ri'zod  by  the  vote  of  a majority  of  the 
beard  of  estimate  and  apportionment. 

iMsno  of  stock  or  bonds  by  tbe  City  of 

Nexv  York  to  take  tbe  place  of  bonds 

itntborized  to  be  issnetl  by  laws  en- 
acted prior  to  January  1st.  181)8. 

Sec.  170.  Whenever,  and  to  the  extent  to 
which,  it  may  be  lawful  for  the  municipal  or 
public  corporations  or  parts  thereof,  including 
the  counties  of  Kings  and  Richmond,-  which 
by  this  act  are  made  part  of  the  corporation 
of  the  city  of  New  York,  to  issue  for  public 
purposes  bond.s  pursuant  to  laws  enacted 
prior  to  January  1,  1898,  it  shall  be  lawful 
for  the  city  of  New  York,  as  hereby  constitut- 
ed, to  issue  corporate  stock  as  herein  provid- 
ed for  the  same  purposes;  provided,  hov/ever, 
that  the  amount  so  to  be  issued  shall  not  in 
any  one  case  exceed  the  balance  remaining 
unissued  of  the  amount  limited  to  be  is- 
sued pursuant  to  the  authority  of  said  laws. 
In  similar  instances  assessment  bonds  and 
revenue  bonds  of  the  city  of  New  York,  as 
hereby  constituted,  may  likewise  be  so  is- 
sued, subject  to  the  same  limitations  as  to 
the  amount  thereof. 

Bonds  to  be  issued  in  sums  of  ten  dol- 
lars oi*  any  multiple  thereof. 

Sec.  171.  Whenever  it  shall  be  lawful  to  Is- 
sue any  bonds  of  the  city  of  New  York  as 
constituted  by  this  act,  the  same,  when  Is- 
sued in  registered  form,  may  be  issued  in  de- 
nominations of  ten  dollars  or  any  multiple 
thereof.  Preference  shall,  as  far  as  practica- 
ble, and  without  pecuniary  disadvantage  to 
the  said  city  of  New  York,  be  given  to  appli- 
cants for  the  smallest  amounts  and  smallest 
denominations  of  said  bonds  in  issuing  the 
same. 

Registration  of  stocks  and  bonds. 

Sec.  172.  All  stocks  and  bonds  heretofore 
lawfully  issued  by  any  of  the  municipal  or 
public  corporations  or  parts  thereof,  which 
have  heretofore  been  annexed  to  or  consoli- 
dated with  the  corporation  known  as  the  may- 
or, aldermen  and  commonalty  of  the  City  of 
New  York,  or  which  by  this  act  are  made  part 
of  the  corporation  of  the  City  of  New  York,  as 
hereby  constituted,  including  the  counties  of 
Kings  and  Richmond,  for  the  payment  of  the 
principal  and  interest,  of  which  the  City  of 
New  York  is  liable,  may  be  registered  and 
must  be  recorded  by  the  owners  thereof  in 
the  controller’s  office  in  said  city;  and  shall  be 
transferable  at  the  pleasure  of  the  holder, 
either  in  person  or  by  attorney,  only  upon  the 
books  of  the  corporation  in  said  office,  and  sub- 
ject to  such  reasonable  rules  and  regulations 
as  the  controller  may  prescribe;  such  registry 
and  transfer  to  be  indorsed  thereon  by  the 
controller.  Whenever  such  stocks  or  bonds 
have  been  issued  in  coupon  form,  and  when- 
ever hereafter  corporate  stock  of  the  City  of 
New  York  may  be  so  issued.  It  shall  be  the 
privilege  of  the  holders  thereof  at  any  time, 
subject  to  such  rules  and  regulations  to  con- 
vert the  same  into  registered  stock  or  bonds 
and  the  controller  is  hereby  authorized  to  is 
sue  registered  stock  or  bonds  therefor  in  the 
manner  and  form  in  which  the  same  would 
have  been  conditioned  if  originally  issued  in 
registered  form.  The  interest  on  all  such 
stocks  and  bonds,  when  so  registered,  shall, 
as  the  same  becomes  due  and  payable,  be 
paid  in  like  manner  as  upon  other  registered 
stocks  and  bonds  of  the  City  of  New  York;  and 
whenever  any  such  stocks  or  bonds  have 
coupons  attached,  the  controller  shall,  upon 
registration  thereof,  have  authority  to  de- 
tach all  coupons  therefrom,  and  shall  there- 


upon Indorse  the  fact  of  such  registration, 
with  a reference  to  this  section. 

Puutl  for  street  and  park  openings. 

Sec.  173.  The  fund  heretofore  established 
and  accumulated  in  the  treasury  of  the  cor- 
poration known  as  the  mayor,  aldermen  and 
commonalty  of  the  City  of  New  York,  entitled 
the  fund  for  street  and  park  openings,  shall 
be  continued  in  the  corporation  of  the  City  of 
New  York,  as  hereby  constituted.  The  said 
fund  for  street  and  park  openings  shall  consist 
of; 

1.  Whatever  cash  balance  in  said  fund 
may  upon  January  1,  1898,  be  on  deposit  in 
the  treasury  of  the  corporation  known  as 
the  mayor,  aldermen  and  commonalty  of 
the  city  of  New  York. 

2.  Whatever  cash  balances  there  may  be 
on  January  1,  1898,  in  the  treasuries  or 
standing  to  the  credit  of  the  several  munic- 
ipal or  public  corporations  or  parts  thereof 
which  by  this  act  are  made  part  of  the 
corporation  of  the  city  of  New  York,  and 
which  said  cash  balances  may  be  applicable 
to  the  payment  of  damages  awarded  by  the 
commissioners  of  estimate  and  assessments 
in  reports  heretofore  confirmed  or  hereaf- 
ter to  be  confirmed  in  proceedings  taken  to 
open  any  street,  road,  avenue,  boulevard, 
public  square,  or  place,  park  or  parkway, 
or  to  acquire  title  to  land  required  for  any 
bridge,  tunnel  or  approach  thereto,  and  all 
the  costs  and  expenses  of  such  proceedings 
heretofore  or  hereafter  taxed. 

3.  Such  sums  as  may  be  raised  by 
taxation  in  the  city  of  New  Work,  and  the 
proceeds  of  such  bonds  as  may  be  issued 
as  by  this  act  provided  to  meet  the  ex- 
pense, in  whole  or  in  part,  of  any  of  the  ob- 
jects and  purposes  in  the  preceding  subdi- 
vision of  this  section  specified. 

4.  All  moneys  hereafter  collected  by 
the  city  of  New  York,  as  hereby  consti- 
tuted, for  or  on  account  of  assessments 
made  and  confirmed  and  hereafter  to  be 
made  and  confirmed  for  opening  any  street, 
road,  avenue,  boulevard,  public  square  or 
place,  park  or  parkway,  or  for  acquiring 
title  to  land  required  for  any  bridge,  tun- 
nel or  approach  thereto,  wholly  or  partly 
within  the  limits  of  the  several  munici- 
pal or  public  corporations  or  parts  thereof, 
which  by  this  act  are  made  part  of  the  cor- 
poration of  the  city  of  New  York. 

Damages,  etc.,  to  be  paid  from  said 
fund. 

Sec.  174.  From  the  said  fund  for  street  and 
park  openings,  and  not  otherwise,  shall  be 
paid  all  damages  awarded  by  the  commis- 
sioners of  estimate  and  assessment  in  reports 
hereafter  or  heretofore  confirmed  in  proceed- 
ings taken  to  open  any  street,  road,  avenue, 
boulevard,  public  square  or  place,  park  cr 
parkway,  or  to  acquire  title  to  land  required 
for  any  bridge,  tunnel  or  approach  thereto  in 
the  city  of  New  York,  as  hereby  constituted, 
and  all  the  ct  sts  and  expenses  of  such  pro- 
ceedings heretofore  or  hereafter  taxed.  The 
person  or  persons  to  whom  awards  shall  be 
made  in  such  proceedings,  wherein  reports 
are  or  have  been  confirmed,  and  the  person 
or  persons  in  whose  favor  costs  and  expenses 
may  be  or  have  been  taxed,  shall  not  have 
an  action  at  law  against  the  city  of  New  York 
for  such  awards,  costs  or  expenses,  but  may 
require  the  officers  of  said  city  to  raise,  as 
hereafter  provided,  the  money  necessary  to 
enable  the  controller  to  pay  such  awards, 
costs  and  expenses  from  the  said  fund,  and 
thereafter  compel  the  payment  of  such  dam- 
ages, costs  and  expenses  from  such  fund. 
Whenever  the  amount  of  the  damages  award- 
ed in  any  report,  together  with  the  costs  of 
the  commissioners  and  the  charges  and  ex- 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


19 


penses,  shall  exceed  the  balance  remaining 
in  said  fund  after  deducting  all  outstanding 
claims  against  said  balance,  the  controller  is 
authorized  to  raise  by  the  issue  and  sale 
of  revenue  bonds  such  amounts  as  shall  be 
necessary  to  pay  such  damages,  costs  and  ex- 
penses; provided,  however,  that  in  each  and 
every  case  in  which  by  virtue  of  any  existing 
statute  or  any  statute  hereafter  enacted,  or 
by  virtue  of  any  act  or  resolution  hereto- 
fore or  hereafter  adopted  by  any  board  or 
body  pursuant  to  any  statute,  the  whole  or 
any  portion  of  the  awards  made  in  any  pro- 
ceeding, and  of  the  costs  and  expenses  there- 
of, are  payable  out  of  the  fund  for  street 
and  park  openings  and  are  not  to  be  as- 
sessed upon  the  property  benefited,  but  are 
to  be  borne  and  paid  by  the  city  of  New 
York,  the  board  of  estimate  and  apportion- 
ment may,  in  its  discretion,  by  a majority 
vote,  direct  that  the  amount  so  to  be  borne 
and  paid  by  said  city  of  New  York  shall  be 
raised  by  the  issue  and  sale  of  corporate 
stock  of  the  city  of  New  York,  and  the  con- 
troller shall  thereupon  issue  and  sell  said 
stock  at  such  times  and  in  such  amounts  as 
may  be  necessary,  and  shall  pay  the  procee.ls 
^hereof  into  said  fund  for  street  and  park 
openings. 

Rcplenislilng  of  said  fnnd. 

Sec.  175.  The  corporation  counsel  shall  fur- 
nish to  the  board  of  estimate  and  apportion- 
ment in  each  year,  at  the  time  of  making 
the  estimate  for  the  ensuing  year,  a list  of 
ail  reports  confirmed  for  the  twelve  preceding 
mouths  with  a statement  of  the  amount  of 
awards  and  costs  taxed  in  each  proceed- 
ing. The  controller  shall  at  the  same 
time  furnish  to  the  said  board  state- 
ments of  the  amount  of  such  awards  and 
costs  already  paid,  and  of  the  amounts  due 
fjr  awards  and  costs  payable  from  the  said 
fund  and  still  unpaid,  and  of  the  amounts  of 
revenue  bonds  then  outstanding,  issued  in 
pursuance  of  the  last  preceding  section,  and 
of  the  balance  in  the  treasury  to  the  credit 
of  the  said  fund.  The  municipal  assembly  and 
the  .'aid  board  shall  thereupon  include  in  the 
annual  budget  for  the  ensuing  year  a sum 
sufficient,  with  such  balance,  to  pay  all  claims 
for  the  awards  and  costs  in  all  proceedings 
in  which  reports  shall  have  been  prior  to  that 
time  confirmed,  and  which  awards  shall  not 
then  have  been  paid,  and  also  a sum  sufficient 
to  pay  and  discharge  the  revenue  bonds  then 
outstanding  and  issued  in  pursuance  of  the 
last  preceding  section. 

l'u>  i<icnt  of  asses.smeiit,s  Impo.sed  npon 

llic  i.-ity  of  New  Yorli. 

See.  176.  It  shall  be  the  duty  of  and  lawful 
for  the  controller  when  thereto  authorized  by 
the  municipal  assembly  and  the  board  of 
cttimace  and  apportionment  to  issue  such 
amounts  of  the  corporate  stock  of  the  city 
of  New  York  as  shall  be  necessary  to  provide 
the  funds  to  enable  said  controller  to  pay 
any  and  all  assessments  and  expenses  im- 
posed, or  that  may  hereafter  be  imposed 
upon  the  city  of  New  York,  by  reason  of  the 
laying  cut,  opening,  regulating  and  grading  or 
improving  any  and  all  streets,  roads,  ave- 
nuo.s,  public  parks,  squares  or  places,  and 
cut  of  the  proceeds  of  said  stock  to  pay  such 
assc-ssments  and  expenses. 

Di«po»ition  of  moneys  received  from 

certain  assessments. 

Sec.  177.  The  moneys  collected  upon  the 
assessments  laid  by  the  commissioners  of 
estimate  and  assessment,  appointed  in  pur- 
suance of  Sections  670  to  678  inclusive  of 
Chapter  410  of  the  Laws  of  1882,  as  amended, 
shall  be  applied  toward  the  payment  of  the 
fund  or  stock  authorized  by  Section  140  of 
Chapter  410  of  the  Laws  of  1882,  or  to  the 


payment  of  said  awards  and  expenses,  if  re- 
ceived before  the  issue  of  said  fund  or  stock. 

Rxitenses  relating;  to  the  water  supply. 

How  to  he  met. 

Sec.  178.  It  shall  be  the  duty  of  the  controll- 
er, and  he  is  hereby  authorized  and  directed 
when  thereto  authorized  by  the  municipal  as- 
sembly and  the  board  of  estimate  and  appor- 
tionment, on  requisition  of  the  commissioner 
of  water  supply,  to  raise,  from  time  to  time,  on 
the  issue  of  corporate  stock  of  the  city  of  New 
York,  amounts  of  money  sufficient  to  pay  the 
sums  which  may  benecessary  from  time  to  time 
to  be  paid  for  the  acquisition  of  any  real  estate, 
or  for  the  extinguishment  of  any  right,  title 
or  interest  therein  to  be  acquired  or  extin- 
guished under  the  provisions  of  the  laws  re- 
lating to  the  supply  of  water  to  the  city,  to- 
gether with  all  expenses  necessar-ily  incurred 
in  surveying,  locating  and  acquiring  title  to 
such  real  estate,  or  extinguishing  claims  for 
damages  thereto;  and  also  all  such  sums  as, 
from  time  to  time,  may  be  found  necessary  for 
the  construction  of  aqueducts,  reservoirs, 
dams,  sluices,  canals  and  appurtenances;  and 
all  such  payments  shall  be  made  by  the  con- 
troller on  the  certificate  of  the  commissionerof 
water  supply,  provided,  however,  that  the 
amount  so  raised  shall  not  in  any  one  year  ex- 
ceed the  limitations  which,  by  law,  may  be  or 
may  have  been  imposed  as  to  the  amount  of 
expenditure  to  be  made  therefor. 

Bonds  for  drains. 

Sec.  179.  It  shr.il  be  the  duty  of  the  controll- 
er, when  thereto  authorized  by  the  board  of 
estimate  and  apportionment,  to  issue  assess- 
ment bonds  in  behalf  of  the  city  of  New  York, 
to  an  amount  sufficient  to  raise  the  sum  nec- 
essary to  pay  any  damages  that  may  from  time 
to  time  be  awarded  to  the  owners  of  lands  for 
the  right  of  way  required  for  drains  and  for 
the  expense  of  plans  and  surveys  and  the  fees 
of  commissioners.  The  proceeds  of  such  bonds 
shall  be  paid  into  the  street  improvement  fund, 
from  which  fund  payments  as  aforesaid  shall 
be  made,  and  assessments  collected  on  account 
thereof  shall  be  paid  into  said  street  improve- 
ment fund. 

Expenses  of  the  department  of  docks 

and  ferries;  how  met. 

Sec.  180.  The  controller  shall,  from  time 
to  time,  when  directed  by  the  commissioners 
of  the  sinking  fund,  issue  corporate  stock 
oif  the  city  of  New  York  for  the  purpose  oif 
raising  the  money  necessary  to  carry  out 
the  provisions  of  Title  1 of  Chapter  XVI  of 
this  act,  relating  to  the  department  of 
docks  and  ferries,  its  powers  and  du- 
ties. Not  more  than  three  million  dol- 
lars of  such  stock  shall  be  issued  in 
any  one  year;  provided,  however,  that  there 
may  also  he  issued  an  additional  amount  of 
such  stock,  equal  to  the  hala-mce  remaining 
unissued  of  the  amount  of  dock  bonds  au- 
thorized to  be  issued  by  the  provisions  of 
Chapter  246  of  the  Laws  of  1896.  The  moneys 
received  from  sales  of  such  s-tocks  shall  be 
deposited  in  the  treasury  of  tho  city  and  shall 
be  drawn  out  and  paid  by  tho  controller  of 
said  city  for  the  several  objects  and  purposes 
provided  in  said  title,  relating  to  the  said 
department,  its  powers  and  duties,  upon  tho 
requisition  of  the  board  of  docks,  coun- 
tersigned by  the  commissioners  of  the 
sinking  fund.  The  expenses  and  com- 
pensation of  said  board,  its  rents,  tho 
compensation  of  its  appointees,  the  pur- 
chase money  and  damages  awarded  upon  the 
acquisition  of  private  property,  the  payments^ 
under  the  contracts  authorized  in  said  title 
and  for  work  performed  under  the  same,  and 
all  other  expenses  and  disbursements  neces- 
sarily incurred  in  carrying  out  the  said  pro- 
visions oif  s'aid  title  in  keeping,  maintaining, 


repairing,  buiidiiigand  rebuilding  the  wharves 
belonging  to  the  said  corporation.  In  dredg- 
ing and  cleaning  slips,  shall  be  paid  out  of 
said  moneys  In  the  manner  above  provided, 

ANsessmeiit  hoiiils. 

Sec.  181.  It  shall  be  lawful  for  the  con- 
troller, when  authorized  by  the  board  of 
estimate  and  apportionment  to  issue  assess- 
ment bonds,  at  not  less  than  par,  for  such 
periods  as  said  controller  may  determine, 
not  exceeding  ten  years,  and  bearing  inter- 
est at  a rate  not  exceeding  four  per  cent, 
per  annum,  to  provide  the  means  necessary 
to  pay  all  expenses  incurred  or  to  be  incurred 
on  account  of  regulating  and  paving  streets, 
building  sewers,  and  all  other  work  ordered 
to  be  done  by  contract,  by  virtue  of  ordi- 
nances which  may  be  hereafter  passed  by  the 
municipal  assembly  of  the  city  of  New  York, 
the  expense  whereof  is  to  be  collected  by 
assessment  from  the  property  benefited  by 
said  work  or  works,  or  on  account  of  any 
local  improvement  or  other  public  work 
heretofore  made  or  performed,  or  that  shall 
hereafter  be  made  or  performed  under  and 
by  virtue  of  the  authority  of  any  law  iu  all 
cases  in  which  the  said  expense  is  to  be 
paid  in  whole  or  in  part  by  assessment  upon 
the  property  benefited.  No  moneys'  shall 
be  paid  out  of  the  proceeds  of  said  bonds  on 
account  of  any  contract  hereinbefore  re- 
ferred to,  until  a copy  of  said  contract  has 
been  filed  with  the  controller  of  said  city  by 
the  head  of  the  department  or  board  having 
such  work  in  charge,  and  also  a certificate  in 
writing  from  the  head  of  such  department  or 
board,  stating  that  a payment  is  due  and 
the  amount  of  such  payment.  On  work  con- 
tracted for  subsequent  to  May  seventh, 
eighteen  hundred  and  seventy-two,  or  here- 
after contracted  for,  no  interest  shall  be 
charged  on  the  monthly  or  other  intermediate 
payments  to  any  contractor,  and  thirty  per 
centum,  and  no  more,  shall  be  reserved  from 
the  amount  or  value  of  work  specified  and 
certified  from  time  to  time  to  the  controller 
of  said  city,  by  the  proper  officer,  to  have 
been  done  by  any  contractor;  and  such  re- 
served thirty  per  centum  shall  be  paid  to 
such  contractor  on  or  before  the  expiration 
of  thirty  days  from  the  completion  and  ac- 
ceptance of  the  work. 

The  fund  heretofore  created  by  the  corpor- 
ation known  as  tbe  mayor,  aldermen  and 
commonalty  of  the  city  of  New  York,  known 
as  the  street  improvement  fund,  shall  be 
continued,  and  into  such  fund  shall  be  paid 
the  proceeds  of  the  sale  of  assessment  bonds 
as  by  this  section  authorized,  and  of  such 
bonds  as  may  by  other  provisions  of  law  be 
authorized  to  be  issued  for  similar  purposes 
within  the  territory  of  the  city  of  New  York, 
as  hereby  constitiied,  and  for  the  payment 
of  the  expense  of  which  the  said  city  may 
in  the  first  Instance  become  liable,  as  well 
as  the  cash  balances  of  assessments  already 
collected,  or  to  be  hereafter  collected,  on  ac- 
count cf  similar  contracts  duly  entered  into 
by  the  propti  authorities  of  the  several  mu- 
nicipal or  public  corporations,  or  parts  there- 
of, which  by  this  act  are  consolidated  with 
the  corporation  known  as  the  mayor,  aider- 
men  and  commonalty  cf  the  city  of  Nev/  York. 

Proposals  for  bonds  and  stock  lkOre> 

after  issned  or  pnreliascd. 

Sec.  182.  V'Ti^enever  any  bonds  or  stocks 
shall  be  hereafter  issued,  other  than  rev- 
enue bonds,  or  such  bonds  and  stocks  as 
maj^be  purchased  for  Investment  by  the  com- 
missioners of  the  sinking  fund,  the  controller 
shall  invite  proposals  therefor  by  public  ad- 
vertisement, for  not  less  than  ten  days,  and 
shall  award  the  same  to  the  highest 
bidder  or  bidders  therefor;  provided  that 
no  proposals  for  bonds  oc  stocks  shgU 


20 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


be  accepted  for  less  than  the  par  value 
of  the  same;  and  said  proposals  shall 
only  be  publicly  opened  by  the  control- 
ler, in  the  presence  of  the  commissioners 
of  the  sinking  fund,  or  such  of  them  as  shall 
attend.  Every  bidder,  as  a condition  prece- 
dent to  the  reception  or  consideration  of  his 
proposal,  shall  deposit  with  the  controller  a 
certified  check,  drawn  to  the  order  of  said 
controller  upon  one  of  the  state  or  national 
banks  of  the  said  city,  or  a sum  of  money; 
such  check  or  money  to  accompany  the  pro- 
posal to  an  amount  to  be  fi.xed  by  the  con- 
troller not  exceeding  two  and  one  half  per 
centum  of  the  amount  of  the  proposal.  With- 
tn  three  days  after  the  decision  as  to 
•who  is  or  are  the  highest  bidder  or 
bidders,  the  controller  shall  return  all 
deposits  made  to  the  persons  making 
the  same,  except  the  deposit  made  by  the 
highest  bidder  or  bidders,  and  if  the  said 
bighest  bidder  or  bidders  shall  refuse  or  ne- 
glect, within  five  days  after  service  of  writ- 
ten notice  of  the  award  to  him  or  them,  to  pay 
to  the  city  chamberlain  the  amount  of  the 
stocks  or  bonds  aw'arded  to  him  or  them  at 
their  par  value,  together  with  the  premium 
thereon,  less  the  amount  deposited  by  him  or 
them,  the  amount  or  amounts  of  deposit  thus 
made  shall  be  forfeited  to  and  retained  by 
said  city  as  liquidated  damages  for  such  ne- 
glect or  refusal,  and  shall  thereafter  be  paid 
into  the  sinking  fund  of  the  city  of  New 
"Vork  for  the  redemption  of  the  city  debt. 

Exi>en."!!c.s  of  restoring;  street  pave- 

jiieiits;  hoiiv  met. 

Sec.  183.  The  moneys  which  the  controller 
Is  authorized  to  pay  pursuant  to  the  provis- 
ions of  section  525  of  this  act  shall  be  ob- 
tained by  him  from  time  to  time,  as  may  be 
necessary,  by  the  sale  of  assessment  bonds 
as  provided  by  section  181  of  this  act.  The 
money  collected  pursuant  to  the  provisions 
of  said  section  525  shall  be  set  apart  when 
collected  as  a trust  fund,  and  applied  to  the 
redemption  of  the  principal  and  interest  of 
said  bonds. 

Rerteiuplion  of  certain  bonds  payable 

from  eolJection  of  si.s.se.ssnieiits. 

Sec.  184.  If  at  any  time  hereafter  the 
amount  in  the  treasury  of  the  city  derived 
from  collections  of  assessments  shall  be  in- 
sufiicient  to  meet  and  pay,  when  they  become 
due  and  payable,  any  bonds  issued  by  the  city 
of  New  York,  as  hereby  constituted,  or  any 
bonds  heretofore  issued  by  any  of  the  munic- 
ipal or  public  corpora'cions  or  parts  thereof 
hereby  consolidated  into  the  city  of  New 
York,  for  expenditures  incurred  on  public 
improvements,  payable  in  w^iole  or  in  part 
from  assessments,  then  it  shall  be  lawful  for 
the  controller,  when  thereto  authorized  by 
the  municipal  assembly  and  the  heard  of  es- 
timate and  apportionment,  4o  issue  corporate 
Stock  of  the  city  of  New  York  for  an  amount 
sullicient  to  pay  the  bonds  so  falling  due  as 
aforesaid;  or  the  controller  may  in  his  dis- 
cretion, for  such  purpose,  issue  assessment 
bonds  in  the  manner  provided  by  section  181 
of  this  act. 

Defieieiieie.s  in  eolleotioiis  of  aiTears 

of  as.sessments;  bovv  met. 

Sec.  185.  The  controller  is  here'by  authorized 
to  issue  from  time  to  time  assessment  bonds 
In  the  manner  provided  by  section  181  of  this 
act,  to  provide  such  amounts  as  may  be  re- 
quired to  meet  the  deficiencies  caused  by  de- 
lay in  collecting  arrears  of  assessments;  the 
aggregate  amount  so  issued  not  to  exceed  at 
any  time  the  aggregate  amount  of  said’  ar- 
rears then  oui.standing. 

Bomls  for  state  taxes. 

Sec.  186.  For  the  purpoee  of  enabling  the 
«Uy  of  New  York  to  make  payment  o<f  the 


quota  of  state  taxes  which  may  he  imposed 
upon,  and  chargeable  to,  the  said  city  and  the 
counties  wholly  comprised  therein,  and  the 
part  of  Queens  county  included  in  said  city,  at 
the  same  time  or  times  that  other  counties  of 
tills  state  are  or  may  be  required  to  mak» 
payment  by  iaw,  the  controller  is  hereby  au- 
thorized and  required,  unless  the  money  for 
the  payment  of  the  same  shall  have  been 
otherwise  provided,  to  issue  revenue  bonds 
for  such  amounts  os  may  from  time  to  time 
become  necessary  to  meet  such  quota  of  the 
state  taxes,  and  from  'the  proceeds'  thereof 
to  pay  to  the  state  treasurer  the  amount  o.f 
taxes  which  the  controller  oif  the  state  shall 
have  apportioned  according  to  law,  and  which 
may  be  required  to  be  paid  in  pursuance  of 
such  apportionmen't  to  the  state  by  the  city 
of  New  York  and  said  counties  and  said  part 
of  Queens  county  at  such  times. 

Kevenne  l>oii<ls<;  special  fnnds. 

Sec.  187.  The  comptroller  is  authorized  to 
borrow,  from  time  to  time,  on  the  credit  of 
the  corporation.  In  anticipation  of  its  rev- 
enues, and  not  to  exceed  in  amount  the 
amount  of  such  revenues,  such  sums  as  may 
be  necessary  to  meet  expenditures  under  the 
appropriations  for  each  current  year,  includ- 
ing such  amounts  as  are  to  be  raised  by  the 
city  of  New  York  under  the  provisions  of  sec- 
tion fifteen  hundred  and  ninety-three  hereof. 
Such  amounts  shall  be  obtained  by  the  issue 
of  revenue  bonds,  which  shall  be  redeemed 
out  of  the  proceeds  of  the  tax  levy  in  antici- 
pation of  the  collection  of  which  such  bonds 
were  issued.  Whenever  the  comptroller  may 
be  authorized  by  the  provisions  of  this  act, 
or  by  laws  heretofore  or  hereafter  enacted,  to 
issue  revenue  bonds  for  purposes  other  than 
to  meet  expenditures  under  the  appropriations 
for  each  current  year,  such  revenue  bonds 
shall  be  redeemed  out  of  the  tax  levy  for  the 
year  next  succeeding  the  year  of  their  issue, 
and  the  necessary  appropriation  therefor 
shall  be  made  by  the  municipal  assembly  and 
the  board  of  estimate  and  apportionment  in 
the  budget  for  such  year.  Such  last  men- 
tioned bonds  may  be  designated  and  known  as 
“Special  revenue  bonds.”  Cash  balances  of 
special  funds  in  the  treasuries  or  to  the  credit 
of  the  several  municipal  or  public  corpora- 
tions or  parts  thereof,  including  the  counties 
of  Kings  and  Richmond,,  hereby  consolidated 
with  the  mayor,  aldermen  and  commonalty  of 
the  city  of  New  York  shall  be  transferred  by 
the  comptroller  to  like  special  funds  of  the 
city  of  New  York,  where  such  exist;  and  such 
special  funds  shall  thereupon  be  liable  for 
payments  which  would  otherwise  have  been 
made  out  of  the  funds  so  transferred.  Where 
no  similar  funds  exist  in  the  treasury  or  to 
the  credit  of  the  city  of  New  York,  such  spe- 
cial fund  shall  be,  so  far  as  practicable,  ad- 
ministered in  the  same  manner  as  they  would 
have  been  administered,  if  this  act  had  not 
been  passed.  Whenever,  within  two  years 
after  the  passage  of  this  act,  it  shall  appear 
that  the  charges  and  liabilities  of  any  such  spe- 
cial fund  exceed  the  available  assets  thereof, 
it  shall  be  lawful  for  the  board  of  estimate 
and  apportionment,  upon  the  written  request 
of  the  comptroller,  to  authorize  the  issue  of 
revenue  bonds  or  assessment  bonds  or  cor- 
porate stock  of  the  city  of  New  York,  for  the 
purpose  of  supplying  such  deficiency.  [Thus 
amended  by  Chapter  74  of  the  Laws  of  1899.] 

Special  I'eveiiae  bonds. 

See.  188.  The  controller  is  authorized  to 
issue  special  revenue  bonds  to  provide  the 
means  necessary  to  make  payments  for  the 
following  purposes:  , 

1.  The  expenses  necessarily  incurred  in 
condemning  unsafe  buildings  as  provided  by 


section  511  of  chapter  4].0  of  the  laws  of 
1882. 

2.  Amounts  audited  by  the  board  of  estimate 
andj  apportionment  pursuant  to  section  231 
of  this  act. 

3.  Such  amounts  as  may  be  necessary  to  pay 
judgments  recovered  against  the  corporation. 

4.  The  amount  appropriated  in  pursuance 
of  section  236  of  this  act  In  those  eases  in 
which  the  appropriations  are  made  after  the 
final  passage  of  the  annual  appropriation  and 
the  certifioation  to  the  municipal  assembly  of 
the  amount  to  be  raised. 

5.  The  amount  necessary  to  defray  the  ex- 
pense of  supplying  water  meters  as  author- 
ized by  section  475  of  this  act. 

6.  To  provide  for  deficiencies  in  the  fund 
for  street  and  park  openings  as  provided  in 
section  174  of  this  act. 

7.  To  provide  for  the  payment  of  claims, 
charges,  expenses  and  appropriations  which 
have  been  or  may  be  hereafter  by  law  speci- 
fically imposed  upon  the  city  of  New  York, 
as  hereby  constituted,  and  the  several  coun- 
ties wholly  included  within  its  limits  by  the 
legislature,  and  for  which  no  other  provision 
for  payment  has  been  made. 

8.  To  provide  for  the  payment  of  expenses 
authorized  by  the  concurrent  vote  of  all  the 
members  of  the  board  of  estimate  and  appor- 
tionment upon  a joint  resolution  requesting 
such  authorizaiton,  adopted  by  the  affirma- 
tive vote  of  three-fourths  of  all  the  members 
elected  to  each  branch  of  the  municipal 
assembly;  provided,  however,  that  the  amount 
thus  issued  shall  not  in  any  one  year  exceed 
two  hundred  and  fifty  thousand  dollars. 

9.  To  meet  and  pay  the  expenses  incurred 
pursuant  to  the  provisions  of  sections  1,177 
and  1,178  of  this  act. 

TITLE  3. 

THE  CHAMBERLAIN. 

How  ai>poiiited;  bond. 

Sec.  194.  The  chamberlain  shall  be  ap- 
pointed in  the  same  manner  as  heads  of  de- 
partments, and  shall  hold  his  office  for  four 
years,  unless  sooner  removed,  as  herein 
provided.  He  shall,  within  ten  days  after 
receiving  notice  of  his  appointment  and  be- 
fore he  enters  upon  his  office,  give  a bond 
to  the  people  of  the  state  of  New  York  in 
the  sum  of  three  hundred  thousand  dollars, 
with  not  less  than  four  sufficient  sureties, 
to  be  approved  by  the  controller,  conditioned 
that  he  will  faithfully  discharge  the  duties 
of  his  office  and  all  trusts  imposed  on  him 
by  law  in  virtue  of  his  office.  Such  bond 
shall  be  deemed  to  extend  to  the  faithful 
execution  of  the  duties  of  the  office  until 
a new  appointment  shall  be  made  and  con- 
firmed, and  the  person  so  appointed  enters 
upon  the  performance  of  his  duties.  In  case 
of  any  official  misconduct  or  default  on  the 
part  of  such  chamberlain,  or  his  subordinates, 
an  action  upon  such  bond  may  be  begun 
and  prosecuted  to  judgment  by  the  attorney 
general,  or  by  the'city,  which  shall,  after  first 
paying  therefrom  the  expenses  of  the  liti- 
gation, cause  the  proceeds  of  such  judgment 
to  be  distributed  as  shall  he  lawful  and 
equitable  among  the  persohs  and  objects  in- 
jured or  defrauded  by  such  official  miscon- 
duct or  default  of  said  cham'berlaiu,  or  any 
of  his  subordinates.  • 

Duties.  Accounts  of  to  be  examined  by 
commissioners  of  accounts. 

Sec.  195.  Said  chamberlain  shall  exhibit  to 
the  municipal  assembly,  at  its  first  meeting 
in  the  month  succeeding  that  in  which  he  en- 
ters upon  the  execution  of  his  office,  an  ex- 
act statement  of  the  balance  in  the  treasury 
to  the  credit  of  the  city,  with  a summary 
of  the  receipts  and  payments  of  the  treasury 
during  the  preceding  year,  and  since  the  la^t 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


21 


preceding  report  required  by  law,  if  more 
than  a year  shall  have  elapsed  since  such  re- 
port. He  shall  receive  all  moneys  which  shall 
rrom  time  to  time  be  paid  into  the  treasury 
of  the  city.  He  shall  deposit  all  moneys 
which  shall  come  into  his  hands  on  account 
of  the  city  on  the  day  of  the  receipt  thereof, 
or  on  the  business  day  next  succeeding,  in 
such  banks  and  trust  companies  as  shall 
have  been  designated  as  deposit  banks  in  pur- 
suance of  the  next  section;  but  no  amount 
shall  be  on  deposit  at  any  one  time  in  any  on* 
bank  or  trust  company  exceeding  one-half  ol 
the  amount  of  the  capital  and  net  surplus  of 
such  bank  or  trust  company.  The  money  so 
dei>osited  shall  be  placed  to  the  account  of  the 
chamberlain,  and  he  shall  keep  a bank  book. 
In  which  shall  be  entered  his  accounts  of  de- 
posit in,  and  moneys  drawn  from  the  banks 
and  trust  companies  in  which  the  deposits 
shall  be  made.  The  said  banks  and  trust  com- 
panies shall,  respectively,  transmit  to  the 
controller  a weekly  statement  of  the  moneys 
which  shall  be  received  and  paid  by  them  on 
account  of  the  city  treasury.  The  chamber- 
lain  shall  pay  all  warrants  drawn  on  the 
treasury  by  the  controller  and  countersigned 
by  the  mayor,  or  the  chief  clerk  of  the  may- 
or when  emiwwered  by  the  mayor  in  writing 
so  to  do,  and  no  moneys  shall  be  paid 
out  of  the  treasury  except  on  the  warrant  of 
the  controller  so  countersigned.  No  such 
warrant  shall  be  signed  by  the  controller  or 
countersigned  by  the  mayor,  except  upon 
vouchers  for  the  expenditure  of  the  amount 
named  therein,  examined  and  allowed  by  an 
auditor  of  accounts,  approved  by  the  control- 
ler and  filed  in  the  department  of  finance,  ex- 
cept in  the  case  of  judgments,  in  which  case 
a transcript  thereof  shall  be  filed,  nor  except 
such  warrant  shall  be  authorized  by  law  or 
by  ordinance,  and  shall  refer  to  the  law  or  or- 
dinance, and  to  the  appropriation  under  and 
from  .which  it  is  drawn.  The  chamber- 
lain  shall  not  draw  any  moneys 

of  the  city  treasury  from  said  banks 
or  trust  companies  unless  by  checks  sub- 
joined and  attached  to  such  warrants  and  sub- 
scribed by  him  as  chamberlain,  and  no  moneys 
shall  be  paid  by  either  of  the  said  banks  or 
trust  companies  on  account  of  the  treasury  ex- 
cept upon  such  checks.  The  charnberlain 
shall  exhibit  his  bank  book  to  the  controller 
on  the  first  Tuesday  of  every  month,  and  of- 
tener  when  required.  The  accounts  of  the 
chamberlain  shall  be  annually  closed  on  the 
last  day  of  November,  and  shall  be  examined 
In  the  month  of  December  in  each  year  by  the 
commissioners  of  accounts.  Such  commis- 
sioners shall  examine  the  accounts  and  vouch- 
ers of  all  moneys  received  into  and  paid  out  of 
the  city  treasury  during  the  year  ending  on 
the  last  day  of  November  next  preceding  such 
examination,  and  shall  certify  and  report  to 
the  mayor  and  municipal  assembly  in  the  fol- 
lowing month  of  January  the  amount  of  mon- 
eys received  into  the  treasury  during  such 
year,  the  amount  of  moneys  paid  out  during 
the  same  period  by  virtue  of  warrants  drawn 
on  the  treasury  by  the  controller,  the  amount 
of  moneys  received  by  the  chamberlain,  who 
shall  be  in  office  at  the  tinle  of  such  examina- 
tion, if  he  ertered  upon  the  execution  of  his 
duties  since  the  last  preceding  report,  the  bal- 
ance in  the  treasury  on  the  last  day  of  No- 
vember preceding  such  examination,  the 
amount  of  moneys  borrowed  for  or  on  the  cred- 
it of  the  city  during  such  year  aiid  the  amount 
of  the  bonds  of  the  city  issued  during 
such  year,  with  the  purposes  for  which 
and  the  authority  under  which  such 
bonds  were  issued.  Such  commissioners 
shall  also  compare  the  warrants  drawn 
by  the  controller  on  the  treasury  during  the 
year  ending  on  the  last  day  of  November  pre- 


ceding such  examination,  with  the  several 
laws  and  ordinances  under  which  the  same 
shall  purport  to  have  been  drawn,  and  shall 
in  like  manner  certify  and  report  whether  the 
controller  had  power  to  draw  such  warrants; 
and  if  any  shall  be  found  which,  in  their 
opinion,  he  had  no  power  to  draw,  they  shall 
specify  the  same  in  their  report,  with  their 
reasons  for  such  opinion. 

Pnljlic  moneys;  where  to  be  cleiiosite'il. 

Salary  ot  chamberlain. 

Sec.  196.  The  said  chamberlain  and 
mayor  and  controller  shall,  by  a ma- 
jority vote,  by  written  notice  to  the 
controller,  designate  the'  banks  or  trust 
companies  in  which  all  moneys  of  the 
City  of  New  York  shall  be  deposited,  and  may, 
by  like  notice  in  v/rlting,  from  time  to  time, 
change  the  banks  and  trust  companies  thus 
designated;  but  no  such  bank  or  trust  com- 
pany shall  be  designated  unless  its  officers 
shall  agree  to  pay  into  the  city  treasury  in- 
terest on  the  daily  balances  at  a rate  to  be 
fixed  by  the  mayor  and  chamberlain  and  the 
said  controller  of  the  City  of  New  York,  by  a 
majority  vote,  which  rate  shall  be  so  fixed 
quarterly,  on  the  first  days  of  February,  May, 
August  and  November  in  each  year,  according 
to  the  current  fate  of  interest  upon  like  bal- 
ances deposited  in  banks  and  trust,  companies 
in  the  City  of  New  York  by  private  persons 
and  corporations.  The  said  chamberlain 
shall  keep  books  showing  the  receipts  of 
moneys  from  all  sources,  and  designating  the 
sources  of  the  same,  and  also  showing  the 
amounts  paid  from  time  to  time  on  account 
of  the  several  appropriations,  and  no  war- 
rants shall  be  paid  on  account  of  any  appro- 
priation after  the  amount  authorized  to  be 
raised  for  that  specific,  purpose  shall  have 
been  expended.  The  said  chamberlain  shall 
once  in  each  week  report  in  writing  to  the 
mayor  and  to  the  controller  all  moneys  re- 
ceived by  him,  the  amount  of  all  warrants  paid 
by  him  since  his  last  report,  and  the  amount 
remaining  to  the  credit  of  the  city.  The 
chamberlain  shall  receive  the  sum  of  $12,000 
annually,  and  no  more,  for  his  services  as 
chamberlain  of  said  city,  and  as  county  treas- 
urer of  the  county  of  New  York,  in  lieu  of  all 
salary  and  of  all  interest,  fees,  commissions 
and  emoluments;  and  all  such  interest,  fees, 
commissions  and  emoluments  shall  be  ac- 
counted for  and  paid  over  by  him  to  the  city  j 
treasury,  except  that  the  commissions  or  com- 
pensation provided  by  law,  and  received  by  > 
him  for  receiving  and  paying  over  the  state 
taxes  and  all  interest  which  accrue  on  de- 
posits shall  be  paid  by  him  to  the  commis- 
sioners of  the  sinking  fund.  He  may  appoint 
and  remove  at  pleasure,  deputy  chamberlains, 
and  such  clerks  and  assistants  as  may  be 
necessary,  whose  salaries,  together  with  all 
the  expenses  of  his  office,  shall  be  paid  by 
the  City  of  New  York  when  fixed  by  him  and 
approved  by.  the  municipal  assembly  and  the 
board  of  estimate  and  apportionment.  _ 

Certain  sections  of  code  of  civil  pro- 
cedure respectinj?  moneys  ]>aid  into 
courtj  applicable. 

Sec.  197.  Each  provision  of  title  three  of 
chapter  eight  of  the  code  of  civil  procedure, 
relating  to  a county  treasurer,  applies  to  the 
chamberlain,  with  respect  to  money  paid  into 
court,  in  an  action  triable  in  the  City  of  New 
York,  as  hereby  constituted,  or  with  re- 
spect to  money,  or  a bond,  mortgage, 
or  other  security,  or  public  stock,  rep- 
resenting money  paid  into  court,  except 
where  special  provision,  with  respect  to  the 
same,  is  otherwise  made  by  law. 

Fees. 

Sec.  198.  The  chamberlain  is  entitled,  for 
the  services  specified  in  this  .section,  to  eol- 


I 

I lect  for,  and  on  behalf  of  the  city  the  fol- 
lowing fees:  For  receiving  money  paid  into 
the  court,  one-half  of  one  per  centum  upon 
the  sum  so  received.  For  paying  out  the  same, 
one-half  of  one  per  centum  upon  the  sum  so 
paid  out.  For  investing  money,  pursuant  to 
the  direction  of  the  court,  one-half  of  one 
per  centum  upon  the  sum  invested,  not  ex- 
ceeding two  hundred  dollars,  and  one-quarter 
of  one  per  centum  upon  the  excess  over  two 
hundred  dollars.  For  receiving  the  interest 
upon  an  investment,  and  paying  the  same  to 
the  person  entitled  thereto,  one-half  of  one 
per  centum  upon  the  interest  so  received  and 
paid.  All  of  said  fees  when  collected  by 
said  chamberlain  shall  be  paid  by  him  into  the 
city  treasury  as  provided  in  section  196  of  this 
act. 

TITLE  4. 

THE  SINKING  FUND. 

Commissioners  of  tlie  sinking  fund; 

Iiow  constituted. 

Sec.  204.  There  shall  be  a board  of  commis- 
sioners of  the  sinking  fund,  composed  of  the 
mayor,  controller,  chamberlain,  president  of 
the  council  and  chairman  of  the  finance  com- 
mittee of  the  board  of  aldermen,  with  all  the 
powers  and  duties  now  assigned,  designated 
and  reposed  by  law  or  ordinance  in  the  com- 
missioners of  the  sinking  fund  of  the  city 
of  New  York,  as  heretofore  constituted,  of 
the  city  of  Brooklyn  and  of  Long  Island  City, 
or  the  officers  intrusted  with  similar  powers 
and  duties  in  any  of  the  municipal  or  public 
corporations  or  parts  thereof  including  the 
counties  of  Kings  and  Richmond,  hereby  con- 
solidated with  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New  York,  except  as 
otherwise  provided  by  this  act.  The  Said 
board  shall  administer  each  of  the  said  sev- 
eral sinking  funds,  and  perform,  carry  out 
and  exercise  the  several  trusts,  powers,  obliga- 
tions and  duties  relating  thereto,  in  the  same 
manner  as  the  same  would  have  been  admin- 
istered, performed,  carried  out  and  exercised 
if  this  act  had  not  been  passed,  except  aa 
otherwise  provided  in  this  act. 

The  assets  and  accounts  of  each  of  said 
sinking  funds  shall,  except  as  hereinafter 
otherwise  provided,  be  kept  separate  and  dis- 
tinct, and  the  same  shall  in  all  respects  be  ad- 
ministered as  independent  trusts,  subject  to 
and  governed  by  the  several  provisions  of  law 
or  ordinance  heretofore  relating  thereto,  with 
the  intent  and  purpose  of  preserving  inviolate 
the  rights  of  holders  of  bonds  and  stocks 
heretofore  issued  by  any  of  the  municipal  and 
public  corporations  or  parts  thereof  hereby 
made  of  the  city  of  New  York,  including  the 
counties  ol  Kings  and  Richmond. 

Powers. 

Sec.  205.  The  said  board  shall,  except  as  In 
this  act  otherwise  specifically  provided,  have 
power  to  sell  or  lea,se  for  the  highest  market- 
able price  or  rental  at  public  auction  or  by 
sealed  bids,  and  always  after  public  adver- 
tisement and  appraisal  under  the  direction 
of  said  board,  any  city  property  except  parks, 
wharves  and  piers  and  land  under  water,  but 
not  for  a term  longer  than  ten  years  nor  for 
a renewal  for  a longer  period  than  ten 'years. 
But  if  said  property  be  market  property 
excepting  the  market  between  Sixteenth  aild 
Seventeenth  streets,  east  of  Avenue  C;  the 
market  in  Gouverneur  slip  and  the  market 
in  Old  slip,  it  shall  not  be  sold  or  leased 
unless  under  a condition  that  the  purchaser 
or  lessee  thereof  shall  maintain  said  market 
property  as  and  for  the  purposes  of  a public 
market  for  at  least  ten  years  from  and  after 
such  sale  or  lease,  and  under  due  ordinances 
of  the  municipal  assembly  of  the  department 
of  health  or  under  stipulations  in  the  deed  of 


22 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


sale  or  lease,  unless  otherwise  ordered  by 
the  commissioners  of  the  sinking  fund  and 
the  municipal  assembly.  The  proceeds 
of  said  sale  or  leasing  shall  on  re- 
ceipt thereof,  after  paying  necessary  charges, 
be  immediately  paid  to  the  credit  of  the 
sinking  fund  of  the  city  of  New  York  for  the 
redemption  of  the  city  debt. 

The  provisions  of  existing  laws  or  ordi- 
nances relative  to  the  investment  of  moneys 
and  assets  of  the  several  sinking  funds  hereby 
made  subject  to  the  control  of  the  commis- 
sioners of  the  sinking  fund,  as  hereby  con- 
stituted, in  bonds,  stocks  or  obligations  of 
the  municipal  or  public  corporations  or  parts 
thereof  hereby  consolidated  into  the  city  of 
New  York,  including  the  counties  of  Kings 
and  Richmond,  'shall  hereafter  apply  to  in- 
vestment thereof  in  the  bonds  and  stock  of 
the  corporation  of  the  city  of  New  York, 
Issued  on  and  after  January  1,  1898,  pro- 
vided, however,  that  such  bonds  or  stocks 
shall  not  thereupon  or  thereafter  be  canceled, 
except  as  herein  otherwise  specifically  pro- 
vided, but  the  same  shall  upon  their  ma- 
turity be  paid  off,  liquidated  or  discharged 
In  the  same  manner  as  they  would  be  if  held 
by  private  creditors. 

It  shall  be  lawful  for  the  commissioners 
of  the  sinking  fund  in  their  discretion,  and 
they  are  hereby  empowered  in  such  discre- 
tion, to  cancel  from  time  to  time,  but  not 
before  maturity,  bonds  and  stocks  of  any  of 
the  municipal  and  public  corporations  or 
parts  thereof  forming  part  of  the  corporation 
of  the  city  of  New  York,  as  hereby  consti- 
tuted, and  of  the  counties  of  Kings  and 
Richmond,  which  may  be  held  by  any  of  said 
sinking  funds  on  December  31,  1897,  pro- 
viding said  bonds  and  stocks  are  by  law 
redeemable  from  the  sinking  funds  in  which 
the  same  are  held.  It  shall  also  be  lawful 
for  the  commissioners  of  the  sinking  fund 
in  their  discretion,  and  they  are  hereby  em- 
powered in  such  discretion,  to  cancel  from 
time  to  time,  but  not  before  maturity,  any 
portion  of  the  indebtedness  of  the  city  of 
New  York,  as  hereby  constituted,  incurred 
on  or  after  January  1,  1898,  which  may  be 
held  by  them  in  the  “Sinking  fund  of  the 
city  of  New  York,”  as  hereinafter  consti- 
tuted, and  which  maj'  by  law  be  redeemable 
from  said  sinking  fund  as  herein  or  else- 
where provided,  and  all  such  similar  indebt- 
edness incurred  to  provide  for  the  supply  of 
water,  which  may  be  held  by  them  and  re- 
deemable from  “The  water  sinking  fund  of 
the  city  of  New  York”  as  hereinafter  con- 
stituted. 

The  funds  to  be  known  as  the  “sinking  fund 
of  the  city  of  New  York”  and  the  “water  sink- 
ing fund  of  the  city  of  New  York,”  as  herein- 
after oonstituted,  shall  be  administered  by  the 
commiBsioners  of  the  sinking  fund,  in  like 
manner  as  provided  by  the  ordinance  of  the 
mayor,  aldermen  and  commonalty  of  the  city 
of  New  York,  approved  by  the  mayor,  Feb- 
ruary 22,  1844,  so  far  as  the  same  may  be 
applicable;  provided,  however,  that  nothing 
contained  in  said  ordinance  shall  affect  or 
alter  the  composition  of  the  board  of  com- 
missioners of  the  sinking  fund,  as  by  this  act 
constituted. 

The  sinklns  fund  of  the  city  of  New 

YorU. 

Sec.  206.  There  shall  be  created  a fund  to 
be  known  as  the  “sinking  fund  of  the  city  of 
Now  York,”  whicih  shall  have  for  its  purposes 
the  liquidation  of  the  principal  of  the  debt  of 
the  corporation  of  the  city  of  New  York  in- 
curred on  or  after  January  1,  1898,  as  to  which 
no  provision  for  the  payment  thereof  other- 
wise than  from  taxation  is  made,  and  ex- 
cepting revenue  bonds  and  bonds  issued  to 


provide  for  the  supply  of  water  pursuant  to 
the  provisions  of  section  10  of  article  VIII,  of 
the  constitution  of  the  state  of  New  York. 
For  the  redemption  of  such  debt  out  of  said 
sinking  fund  there  shall  be  annually  included 
in  the  budget  and  paid  into  the  sinking  fund 
of  the  city  of  New  York  herein  created,  an 
amount  to  be  estimated  and  certified  by  the 
controller,  and  to  be  by  the  municipal  as- 
sembly and  the  board  of  estimate  and  appor- 
tionment inserted  in  the  budget  for  each  year, 
which  with  the  accumulations  of  interest 
thereon  shall  be  sufficient  to  meet  and  dis- 
charge such  bonds  or  stocks  by  the  time  the 
same  shall  be  payable. 

Whenever  the  bonds  and  stocks  outstanding 
on  December  31,  1897,  and  being  charges  or 
liens  on  any  of  the  sinking  funds  hereby  made 
subject  to  the  control  of  the  commissioners 
of  the  sinking  fund,  shall  in  respect  to  any 
such  sinking  fund  be  wholly  discharged, 
liquidated  or  canceled,  it  shall  thereupon  be 
lawful  for  the  commissioners  of  the  sinking 
fund  to  cancel  such  bonds  of  the  corporation 
of  the  city  of  New  York  issued  on  or  after 
January  1,  1898,  as  may  be  held  by  such  sink- 
ing fund,  and  the  revenues  of  such  sinking 
fund  when  thus  relieved  - of  such  liens  or 
charges  shall  thereupon  and  thereafter  be  paid 
into  the  sinking  fund  of  the  city  of  New  York, 
as  herein  created.  Whenever  such  payments 
shall  be  made,  the  controller  in  making  the 
certificate  to  the  board  of  estimate  and  ap- 
portionment by  this  section  required  shall 
take  into  account  the  amount  thereof,  and  de- 
duct the  same  from  the  estimated  amount  to 
be  Included  in  each  year’s  budget  ais  herein 
provided. 

Sinking  funds  for  redeini>tion  purposes 

to  be  continued. 

See.  207.  The  fund  known  as  “the  sinking 
fund  of  the  city  of  New  York  for  the  redemp- 
tion of  the  city  debt,”  and  the  fund  known  as 
“the  sinking  fund  of  the  city  of  Brooklyn,” 
and  the  like  funds  of  each  and  every  of  the 
municipal  or  public  corporations  or  parts 
thereof,  by  this  act  consolidated  with  the 
corporation  known  as  “the  mayor,  aldermen 
and  commonalty  of  the  city  of  New  York,” 
including  the  counties  of  Kings  and  Rich- 
mond, shall  be  continued  and  the  funds, 
moneys,  revenues  and  assets  heretofore  pledg- 
ed and  appropriated  to  each  of  said  funds  shall 
continue  to  be  and  the  same  are  Jiereby 
pledged  and  appioprlated  thereto  sev- 
erally and  respectively  in  the  same 

manner  as  though  this  act  had  not 

been  passed,  until  such  time  as  the 
bonds,  stocks  and  obligations  outstanding 
on  December  31,  1897,  and  redeemable  there- 
from, shall  have  been  respectively  cancelled, 
liquidated,  discharged  and  redeemed. 

Wherever,  by  existing  laws  or  ordinances, 
the  duty  is  imposed  upon  boards  or  officers  of 
the  several  municipal  or  public  corporations 
or  parts  thereof  hereby  consolidated  with  the 
mayor,  aldermen  and  commonalty  of  the  city 
of  New  York,  including  the  counties  of  Kings 
and  Richmond,  to  raise  by  taxation,  annually 
or  otherwise,  amounts  of  money  for  sinking 
fund  purposes,  or  for  the  redemption  of  or 
payment  of  interest  on  bonded  indebtedness, 
for  wfiich  the  city  of  New  York  are  hereby 
constituted,  Is  by  this  act  made  liable.  It  shall 
be  the  duty  of  the  proper  officers  of  the  said,  the 
city  of  New  York,  in  like  manner  to  raise  such 
amounts  by  taxation  upon  the  estates,  real  and 
personal  subject  to  taxation  in  said  city. 

Sinking  fnnds  created  pnrsnaut  to  con- 

stltntionnl  reqaireinentss  water  .sink- 
ing fund  ot  tbe  city  ot  New  York. 

Sec.  20S.  There  shall  be  created  a fund  to  he 
kuov/n  as  the  “water  sinking  fund  of  tbo  city 
of  Now  York,”  which  s’c.ail  have  for  its  purpo.^e 


the  liquidation  of  the  principal  of  the  debt 
incurred  by  the  city  of  New  York,  as  hereby 
constituted,  on  or  after  January  1,  1898,  for 
the  supply  of  water  as  procided  by  section  10 
of  article  VIII  of  the  constitution  of  the  state 
of  New  York. 

The  funds  known  as  the  “sinking  fund  No. 
2 of  the  city  of  Ne\^’  York,”  the  “water  sink- 
ing fund  ot  the  City  of  Brooklyn  and 
the  sinking  funds  of  each  and  every  munici- 
pal and  public  corporation  or  part  thereof 
hereby  made  part  of  the  corporation  ot  the 
city  6f  New  York,  including  the  counties  of 
Kings  and  Richmond,  created  pursuant  to  the 
requirements  of  the  constitutional  amendment 
adopted  November  4,  1884,  or  ot  section  10  ot 
article  VIII  of  the  constitution  of  the  state 
of  New  York,  shall  be  continued,  and  the 
funds,  moneys,  revenues  and  assets  heretofore 
pledged  and  appropriated  to  each  of  said 
funds  shall,  except  as  herein  otherwise  spec- 
ially provided,  continue  to  be  severally  and 
respeativefly  so  pledged  and  appropriated. 
It  shall,  however,  be  the  duty  of  the  controller 
of  the  city  of  New  York,  as  soon  as  practic- 
able after  the  passage  of  this  act,  to  cause 
an  examination  to  be  made  as  to  the  condition 
of  said  funds,  and  if  it  appears  to  him,  and  ha 
shall  so  certify  to  the  commissioners  of  the 
sinking  fund,  that  said  funds  or  any  of  them 
have  not  been  managed,  invested  and  adminis- 
tered in  the  manner  required  by  the  provisions 
of  the  constitution  of  the  state  of  New  York 
as  aforesaid,  it  shall  be  lawful  for  the  said 
commissioners  of  the  sinking  fund,  by  concur- 
rent vote,  to  authorize  and  direct  the  amal- 
gamation of  said  fund  or  funds  with  the  wa- 
ter sinking  fund  of  the  city  of  New  York, 
as  hereby  constituted. 

Sinking  fnnds  for  the  payment  of  in- 
terest. 

Sec.  209.  The  fund  known  as  the  sinking 
fund  of  the  city  of  New  York  for  the  pay- 
ment of  the  interest  accruing  and  to  accrue 
upon  the  stocks  of  said  city  until  the  same 
be  fully  and  finally  redeemed  ' shall  be  con- 
tinued, and  after  providing  for  the  interest 
on  the  bonds  and  stocks  now  pay, able  t’ncre- 
from  as  provided  by  law,  shall  ferm  a fund 
which  shall  be  transferred  to  the  sinking 
fund  of  the  city  of  New  York  for  the  re- 
demption of  the  city  debt;  provided,  how- 
ever, that  nothing  herein  contained  shall  au- 
thorize the  payment  from  said  fund  of  any 
interest  which  may  accrue  on  bonds  to  bo  is- 
sued by  the  corporation  of  the  city  of  New 
York,  as  hereby  constituted,  after  January 
first,  one  thousand  eight  hundred  and  ninety- 
eight.  Like  funds  in  any  of  the  municipal  or 
public  corporations  or  parts  thereof  whioh  by 
this  act  are  made  part  of  the  corporation  of 
the  city  of  New  York,  as  hereby  constituted, 
including  the  counties  of  Kings  and  Rich- 
mond. shall  likewise  be  continued,  and  any 
surplus  that  may  remain  therein  after  fully 
satisfying  all  claims,  liens  or  charges  that 
may  exist  against  such  funds  pursuant  to 
law  or  ordinance  shall,  unless  otherwise  pro- 
vided by  law,  be  transferred  to  the  sinking 
fund  of  the  city  of  New  York,  as  herein  con- 
stituted. 

Disposition  of  certain  moneys  received 

foi‘  local  imi>rovements. 

Sec.  210.  All  moneys  now  in  the  treasury 
of  the  corporation  known  as  the  mayor,  al- 
dermen and  commonalty  of  the  city  of  New 
York  heretofore  collected  and  received  in 
payment  or  on  account  of  assessments  made 
and  confirmed  for  local  improvements  in  said 
city,  and  all  moneys  whioh  shall  hereafter  be 
collected  and  received  in  paymeuc  or  on  ac- 
count of  a.sses.5ments  made  and  confirmed, 
or  which  may  bo  made  and  confirmed,  for 
ic'al  improvements  in  said  city  completed 


THE  CHARTER  OF  THE  CITY  OF  NEW  ’’01!K. 


prior  to  June  third,  eighteen  hundred  and 
seventy-eight,  shall  be  paid  into  the  sinking 
fund  for  the  redemption  of  the  city  debt,  and 
the  same  is  hereby,  in  addition  to  the  revenues 
and  moneys  aforesaid,  pledged  and  appropri- 
ated to  said  sinking  fund  for  the  payment 
of  the  bonds  and  stocks  of  said  city,  to  be 
paid  and  redeemed  therefrom  as  herein  pro- 
vided. 

Funds  and  revenues  pledged  to  re- 
demption of  city  debt. 

Sec.  211.  Between  the  city  and  its  creditors, 
holders  of  its  bonds  and  stocks  as  aforesaid, 
including  the  bonds  and  stocks  of  the  munici- 
pal or  public  corporations  or  parts  thereof 
consolidated  with  the  corporation  known  as 
the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York,  as  well  as  those  of  the 
latter  corporation  and  of  the  counties  of 
Kings  and  Richmond,  there  shall  be  and  there 
is  hereby  declared  to  be  a contract  that  the 
funds  and  revenues  of  the  city,  including  all 
the  corporations  last  stated  and  said  counties 
of  Kings  and  Richmond,  and  the  funds  to  be 
collected  from  assessments  pursuant  to  any 
law  by  this  chapter  pledged  to  the  sinking 
fund  for  the  redemption  of  the  city  debt, 
shall  be  accumulated  and  applied  only  to  the 
purposes  of  the  said  several  sinking  funds 
as  prescribed  by  law,  until  all  of  said  debt 
redeemable  therefrom  is  fully  redeemed  and 
paid,  as  herein  provided. 

Sinking  fund  for  the  redemption  of 

the  elty  debt  not  to  be  alienated  or 

Impaired. 

Sec.  212.  Nothing  in  this  chapter  contained 
shall  be  held  to  require  or  authorize  the 
commissioners  of  the  sinking  fund  to  use  or 
apply  any  part  or  portion  of  the  accumulations 
in  said  sinking  fund  for  the  redemption  of  the 
city  debt,  or  the  revenues  of  said  fund  in  any 
manner  whatever,  whereby  the  security  of 
said  fund  for  the  payment  of  the  bonds  and 
stocks  of  the  corporation  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New 
York,  for  which  said  fund  is  now  pledged 
by  law,  and  which  are  a charge  on  said  fund, 
shall  be  alienated  or  impaired,  and  the  said 
bonds  and  stocks  so  secured  by  law  are  here- 
by declared  to  constitute  a preferred  charge 
on  said  sinking  fund  until  the  same  are  fully 
and  finally  paid  and  redeemed. 

Commissioners  may  call  in  bonded 

debt.  Consolidated  stock  of  the  city 

of  New  I or?.;;  lien  of,  on  sinking  fund 

for  the  redemption  of  the  city  debt. 

Sec.  213.  The  commissioners  of  the  sinking 
fund  are  hereby  authorized  and  empowered 
to  call  in,  pay,  and  redeem  any  portion  of 
the  bonded  debt  constituting  a charge  upon  the 
treasury  of  the  city  of  New  York,  as  constitut- 
ed by  this  act,  other  than  revenue  bonds, 
issued  in  anticipation  of  the  collection  of 
taxes,  when  they  may  deem  it  to  be  ad- 
vantageous for  the  interest  of  the  city  so  to 
do,  and  for  this  purpose  the  said  commission- 
ers of  the  sinking  fund  are  hereby  empowered 
to  authorize,  by  a concurrent  vote,  and  direct 
the  controller  to  issue  and  sell  or  exchange 
therefor  at  not  less  than  par,  corporate  stock 
of  said  city,  in  the  manner  herein  provided; 
and  upon  the  payment  and  redemption  of 
any  portion  of  said  bonded  debt,  the  certi- 
ficates thereof  shall  be  canceled  by  said 
commissioners. 

The  "consolidated  stock”  of  the  mayor,  al- 
dermen and  commonalty  of  the  city  of  New 
York,  issued  pursuant  to  the  plovisions  of 
section  176  of  chapter  410  of  the  iaws  of 
1882,  after  fully  providing  for  the  preferred 
bonds  and  stocks  of  .said  city,  as  in  the  preced- 
ing section  specified,  shall  form  a charge  upon 
the  said  "sinking  fund  for  the  redemption  of 
the  city  debt,”  and  any  part  of  the  bonded 


debt  of  said  corporation  falling  due  and  not  ex- 
changed for  or  redeemed  from  the  proceeds 
of  said  consolidated  stock  as  in  said  .section 
provided,  may  be  paid  from  said  sinking  fund 
for  the  redemption  of  the  said  city  debt,  pro- 
vided such  payment  shall  not  in  any  way 
impair  the  preferred  claims  thereon  as  in  the 
preceding  section  specified,  and  provided  also, 
the  commissioners  of  the  sinking  fund  shall 
deem  it  to  be  for  the  best  interests  of  the 
city  that  such  payment  shall  be  so  made. 

Preferred  bonds  and  stocks  to  be  paid 

from  the  sinking  fnntl  for  the  re- 
demption of  the  city  debt. 

Sec.  214.  From  the  said  sinking  fund  for  the 
redemption  of  the  city  debt  ehall  be  paid  and 
redeemed  all  preferred  bonds  and  stocks  of 
the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York,  as  by  this  title  authorized. 

Disposition  of  certain  assessments  for 

local  improvements. 

Sec.  215.  The  assessments  made  for  local 
improvements  prior  to  the  ninth  day  of  June, 
eighteen  hundred  and  eighty,  by  the  corpora- 
tion known  as  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New  York,  including 
assessments  for  improvements  contracted  for 
or  authorized  by  said  corporation,  prior  to 
said  date,  shall,  when  collected,  be  paid  over 
to  the  commissioners  of  the  sinking  fund, 
and  applied  by  them  in  accordance  with  law. 

Alteration  of  rates  prohibited. 

Sec.  216.  It  shall  no't  be  lawful  for  the  city 
of  New  York  to  make  or  cause  to  be  made, 
any  alteration  of  rates  or  charges  affecting 
any  item  or  source  of  the  revenues  of  any 
of  the  sinking  funds  of  said  city,  or  of  the 
general  fund  which  may  tend  to  a diminution 
of  the  receipts  from  such  source  of  revenue, 
or  either  of  them,  and  all  the  revenues  of 
said  corporation  not  by  law  otherwise  spe- 
cifically appropriated,  shall,  when  received 
into  the  city  treasury,  be  credited  to  the  gen- 
eral fund. 

Applications  for  leases  for  public  pur- 
poses. Statement  by  controller. 

Sec.  217.  All  applications  to  lease  any  real 
estate  for  the  purposes  of  The  City  of  New 
York,  Including  the  premises  required  in 
accordance  with  law,  for  armories  and  drill 
rooms  and  places  of  deposit  for  the  safe 
keeping  of  arms,  uniforms,  equipments,  ac- 
coutrements and  camp  equipage  of  the  na- 
tional guard,  must'  be  presented  to  and 
passed  upon  by  the  commissioners  of  the 
sinking  fund  of  said  city.  It  shall  be  the 
duty  of  the  comptroller,  after  due  inquiry  to 
be  made  by  him,  to  present  to  the  said  com- 
missioners a statement,  in  writing,  of  the 
facts  relating  to  any  real  estate  proposed  to 
be  leased,  the  purposes  for  which  such  lease 
is  required  by  the  city,  with  his  opinion,  and 
the  reasons  therefor,  as  to  the  fair  and  reason- 
able rent  of  said  premises.  The  said  com- 
mi.ssioners  upon  such  report,  and  upon  such 
further  inquiry  as  they,  in  their  discretion, 
may  make,  may  authorize  a lease  of  such 
premises  as  shall  be  specified  in  their  res- 
olution, at  the  rent  therein  set  forth,  for  a 
period  not  exceeding  five  years,  except  that  a 
lease  for  an  entire  building  Intended  to 
provide  accommodations  for  more  than  one 
department  of  the  city,  may  be  made  for  a 
period  not  to  exceed  twenty-one  years,  but 
such  lease  shall  not  be  authorized  except  at 
a fair  and  reasonable  rent,  and  unless  the 
commissioners  are  satisfied,  and  shall  so  ex- 
press, that  it  would  be  for  the  interests 
of  the  city  that  a lease  of  the  premises  for 
the  purposes  specified  should  be  made.  With- 
out the  consent  of  the  said  •coramisin’-ncrs, 
the  piomises  leased  shaii  not  bp  us-u  dur-  I 


lug  the  period  of  ihe  lease  for  purposes 
ether  than  specified  in  said  resolution.  If 
the  city  shall,  prior  to  the  making  of  ‘lie 
lease,  have  entered  upon  the  possession  of 
the  property  the  lease  may  be  made  to  com- 
mence as  of  the  date  when  the  occupation 
co-mmenced.  [Thus  amended  by  Chapter  650, 
Laws  of  1898.] 

Ce.Hsion  of  certain  lands  to  federal 
government  to  Improve  Harlem  river 

Sec.  218.  The  commissioners  of  the  sinking 
fund,  or  the  municipal  assembly,  are  authorized 
to  rede,  grant  and  convey  to  the  Ltnitcd  States, 
upon  such  terms  and  for  such  consideration 
as  may  be  agreed  upon  by  and  between  said 
commissioners  of  the  sinking  fund,  or  said 
municipal  assembly  and  the  United  States, 
all  the  estate,  right,  title  and  interest  of  the 
city  cf  New  York  in  and  to  any  part  of  the 
land  required  for  the  channel  to  connect  the 
waters  of  the  Harlem  river  with  the  Hudson 
•river,  in  accordance  with  the  plans  for  the  im- 
provement of  the  Harlem  river,  prepared  un- 
der the  direction  of  the  secretary  of  war. 
Whenever  any  part  of  said  land  shall  have 
been  ceded  by  said  commissioners  of  the 
sinking  fund,  or  said  municipal  assem- 
bly, pursuant  to  the  authority  hereby 
given,  it  shall  be  the  duty  of  said  com- 
rp'isioners  of  the  sinking  fund  or  a majority 
of  them,  to  give  a certificate  under  then- 
hands,  that  the  same  has  been  ceded,  pur- 
suant to  the  provisions  of  this  section,  and 
upon  the  production  of  such  certificate  and 
upon  proof  of  due  compliance,  on  the  part 
of  the  United  States,  w-ith  the  terms  of  ces- 
sion, it  shall  be  the  duty  of  the  mayor 
and  the  city  clerk,  in  the  name  and 
on  behalf  of  the  city  of  New  York,  to  execute 
a proper  conveyance  of  such  lands  under  their 
hands  and  the  seal  of  said  city. 

Cei'taiii  tliitles  of  eommi.sNiouers  rela- 
tive to  docks,  piers,  etc. 

Sec.  219.  The  commissioners  of  the  sinking 
fund  shall  perform  the  duties  and  possess  the 
powers  with  reference  to  docks,  piers  and 
slips,  stated  in  chapter  XVI  of  this  act. 

Sale  of  paltlic  lands  at  auction. 

Sec.  22D.  The  commissioners  of  the  sinking 
fund  are  authorized  upon  the  application  of 
the  board  of  education  duly  authorized  and 
certified,  to  sell  at  public  auction  at  such 
times  and  on  such  terms  as  they  may  deem 
most  advantageous  for  the  public  interest, 
any  land  or  lands  and  the  building.s  thereon, 
owned  by  the  city  of  New  York,  occupied  or 
reserved  for  school  purposes,  and  no  longer 
required  therefor,  provided,  however,  that  no 
property  shall  be  disposed  of  fer  a less  sum 
than  the  same  may  be  appraised  by  the 
commissioners  of  the  sinking  fund,  or  a ma- 
jority of  them,  at  a meeting  lo  be  held  and 
on  an  appraisement  made  within  two  months 
prior  to  the  date  of  the  sale;  and  at  least 
thirty  days’  notice  of  such  sale,  including  a 
description  of  the  property  to  be  sold,  -liali 
be  published  in  the  City  Record.  The  money 
received  in  payment  for  the  said  lands  and 
buildings  shall  be  paid  into  the  sinking  fund 
for  the  redemption  of  the  cit>  debt,  if  the 
property  thus  sold  was  acquired  prior  to  Jan- 
uary 1,  1898;  ana  If  acquired  subsequent 
thereto,  into  the  sinking  fiinU  of  the  city  of 
New  York. 

TITLE  5. 

APPROPRIATIOXS  AND  THK  BOARD  OF 
ESTIMATE  AX'D  APPORTIOXMEXT. 

H«vv  eonsfitnted;  (liiticH:  the  numial 
hndget. 

Sec.  226.  The  mayor,  controller,  corporation 
counsel,  president  of  the  counoi:  and  the  pres- 
ident uf  the  ucparuii-iit  of  tatos  aud  assess- 


24 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


ments  shall  constitute  the  board  of  estimate 
and  apportionment.  The  first  meeting  of  said 
board  in  every  year  shall  be  called  by  notice 
from  the  mayor,  personally  served  upon  the 
members  of  said  board.  Subsequent  meetings 
shall  be  called  as  the  said  board  shall  direct. 
At  such  meetings  the  mayor  shall  preside, 
and  one  of  the  number  shall  act  as  secretary. 
The  said  board  shall  annually,  between  the 
first  day  of  October  and  the  first  day  of  No- 
vember, meet,  and  by  the  affirmative  vote 
of  all  the  members  make  a budget  of  the 
amounts  estimated  to  be  required  to  pay  the 
expenses  of  conducting  the  public  business 
of  the  city  of  New  York  as  constituted  by 
this  act,  for  the  then  next  ensuing  year.  Such 
budget  shall  be  prepared  in  such  detail  as 
to  the  aggregate  sum  and  the  items  thereof 
allowed  to  each  department,  bureau,  office, 
board  or  commission,  as  the  said  board  of  es- 
timate and  apportionment  shall  deem  advisa- 
ble. In  order  to  enable  said  board  to  make  such 
budget,  the  heads  of  departments,  bureaus, 
offices,  boards  and  commissions  shall,  at  least 
30  days  before  the  said  budget  is  hereby  re- 
quired to  be  made,  send  to  the  board  of  esti- 
mate and  apportionment  an  estimate  in  writ- 
ing, herein  called  a departmental  estimate,  of 
the  amount  of  expenditure,  specifying  in  de- 
tail the  objects  thereof,  required  in  their  re- 
spective departments,  bureaus,  offices,  boards, 
and  commmissions,  including  a statement  o^f 
each  of  the  salaries  of  their  officers,  clerks, 
employes  and  subordinates.  Duplicates  of 
these  departmental  estimates  and  statements 
shall  be  sent  at  the  same  time  to  the  munici- 
pal assembly.  Before  finally  determining  up- 
on the  budget  the  board  of  estimate  and  ap- 
portionment shall  fix  such  sufficient  time  or 
times  as  may  be  necessary  to  allow  the  tax- 
payers of  said  city  to  be  heard  in  regard  there- 
to, and  the  said  board  shall  attend  at  the  time 
or  times  so  appointed  for  such  hearing.  After 
such  budget  is  made  by  the  board  of  estimate 
and  apportionment  it  shall  be  signed  by  all 
the  members  thereof,  and  submitted  by  said 
board  within  ten  days  to  the  municipal  assem- 
bly, whereupon  a special  joint  meeting  of  the 
two  houses  constituting  the  municipal  assem- 
bly shall  be  called  to  consider  such  budget,  and 
the  same  shall  simultaneously  be  published  in 
the  City  Record.  The  president  of  the  coun- 
cil shall  preside  at  such  joint  meeting,  and  it 
shall  be  the  duty  of  said  two  houses  to  consider 
and  investigate  carefully  the  said  budget;  but 
such  consideration  and  investigation  shall  not 
continue  beyond  fifteen  days.  The  municipal 
assembly,  by  a majority  vote  by  all  the  mem- 
bers elected  thereto,  may  reduce  the  said  sev- 
eral amounts  fixed  by  the  board  of  estimate 
and  apportionment,  except  such  amounts  as 
are  now  or  may  hereafter  be  fixed  by  law,  and 
except  such  amounts  as  may  be  inserted  by  the 
said  board  of  estimate  and  apportionment  for 
the  payment  of  state  taxes  and  payment  of  in- 
terest and  principal  of  the  city  debt,  but  the 
municipal  asisembly  m.ay  not  increase  such 
amounts  nor  insert  any  new  items.  Such  ac- 
tion of  the  municipal  assembly  on  reducing 
any  item  or  amount  fixed  by  the  board  of  esti- 
mate and  apportionment  shall  be  subject  to 
the  veto  power  of  the  mayor  "as  elsewhere  pro- 
vided in  this  act,  and  unless  such  veto  is  over- 
ridden by  a five-sixths  vote  of  the  municipal 
assembly  the  item  or  amount  as  fixed  by  the 
board  of  estimate  and  apportionment  shall 
stand  as  part  of  the  budget.  After  the  final 
estimate  is  made  in  accordance  herewith,  it 
shall  be  signed  by  the  president  of  the  coun- 
cil and  the  members  of  the  board  of  estimate 
and  apportionment,  and  when  so  signed  the 
said  several  sums  shall  be  and  become  appro- 
priated to  the  several  purposes  and  depart- 
ments therein  named.  The  said  estimate  shall 
be  filed  in  the  office  of  the  controller  and  pub- 


lished in  the  City  Record  and  corporation 
newspapers. 

Payment  of  city’s  oblipratlons  to  be 

provided  for. 

Sec.  227.  It  shall  be  the  duty  of  the  board 
of  estimate  and  apportionment,  from  time  to 
time,  to  provide  for  the  payment  of  the  inter- 
est and  principal  of  the  bends  and  other  ob- 
ligations of  the  city,  or  for  which  the  city  is 
liable,  and  also  to  provide  for  the  payment 
to  the  commlsisioners  of  the  sinking  fund  of 
any  sums  directed  by  special  laws  'to  he  paid 
to  said  commissioners  on  accouni  of  such 
bonds  or  obligations  and  in  anticipation  of 
their  maturi'ty,  and  to  provide  for  the  rais- 
ing of  the  money  therefor,  in  accordance  with 
such  special  lawis  and  the  laws  under  which 
such  bonds  and  obligaitions  were  issued  or 
created. 

Duties  wlien  aecumnlatlons  in  sinking 

fund  are  insufficient. 

Sec.  228.  Whenever  and  as  often  as  the 
commissioners  of  the  sinking  fund  shall  cer- 
tify 'to  the  board  of  estimate  and  apportion- 
ment that  the  accumulations  in  any  sinking 
fund  will  not  he  sufficient  to  meet  the  pay- 
ment of  any  bonds  or  stocks  falling  due  in 
the  next  following  calendar  year  redeemable 
therefrom,  it  shall  be  the  duty  of  the  said  board 
of  estim'afe  and  ap'portionment,  and  it  is 
hereby  required,  to  include  in  the  ann'ual 
budget  for  such  year,  to  be  raised  by  tax  on 
the  estates,  real  and  personal,  in  the  city, 
subject  to  taxation,  such  an  amount  to  he 
applied  to  the  payment  of  said  bonds  or 
stocks  as  shall  be  certified  hy  said  commis- 
sioners, and  the  amount  so  included  in  said 
estimate  shall  be  paid  into  said  sinking  fund 
and  applied  as  in  this  section  specified. 

Certain  city  bonds  and  stocks.  An- 

nnal  provisions  to  meet  payment  of. 

Sec.  229.  For  the  payment  of  all  bonds  and 
stocks  of  the  mayor,  aldermen  and  common- 
alty" of  the  city  of  New  York  issued  after 
June  -third,  one  thousand  eight  hundred  and 
seventy-eight,  and  for  the  payment  of  all  the 
bonds  and  stocks  hereafter  issued  by  the  ci*ty 
of  New  York,  as  hereby  constituted,  and  to^r 
which  no  provision  tor  the  payment  thereof 
otherwise  than  from  taxation  is  made,  except 
revenue  bonds  iss'ued  in  anticipation  of  the 
collection  of  taxes,  there  shall  annually  be 
set  apart  or  paid  over  to  the  commissioners 
of  the  sinking  fund,  as  hereinafter  directed, 
and  invested  by  them  in  the  manner  provided 
by  law,  a sum  sufficient  with  the  accumula- 
tion of  interest  thereon  to  meet  and  discharge 
the  amount  of  said  bonds  or  stocks  by  the 
time  the  same  shall  he  payable,  as  the  same 
shall  be  estimated  and  certified  by  the  con- 
troller. The  said  annual  sum  so  to  be  set 
apart  or  paid  over  and  invested,  except  so 
far  as  it  relates  to  bonds  and  stocks  issued 
on  or  after  January  first,  one  thousand  eight 
hundred  and  ninety-eight,  and  bonds  issued 
to  provide  for  the  supply  of  water,  shall,  un- 
til other  provision  therefor  may  be  hereafter 
made  by  law,  be  set  apart  out  of  the  surplus 
Income,  revenues  and  accumulations  of  the 
sinking  fund  for  the  redemption  of  the  city 
debt  as  now  established  by  law,  after  fully 
providing  for  the  payment  of  the  stocks  and 
bonds  of  said  city  now  outstanding,  and  which 
by  sections  212  and  213  of  this  act  are  de- 
clared to  be  and  are  made  preferred  claims 
upon  said  sinking  fund,  and  also  for  the  pay- 
ment of  such  other  boads  and  stocks  of  said 
city  as  by  said  section  213  of  this 
act  are  authorized  to  be  paid  from 

said  sinking  fund.  Whenever  and  as 

often  as  the  commissioners  of  the  sink- 
j ing  fund  shall  certify  to  the  board  of  estimate 
I and  apportionment  that  the  said  surplus  rev- 
- enues  of -said  sinking  fund  will,  in  the  opinion 


of  said  commissioners,  be  less  than  the 
amount  by  this  section  required  to  be  set 
apart  or  paid  over  to  said  commissioners  for 
the  purposes  aforesaid,  and  certifying  the 
amount  ot  such  deficiency,  it  shall  be  the  duty 
of  said  board  of  estimate  and  apportionment 
and  the  municipal  assembly  to  include  in  the 
annual  budgef  for  the  year  next  ensuing  to 
be  raised  by  tax  on  the  estates  real  and  per- 
sonal in  said  city  subject  to  taxation,  the 
amount  of  the  deficiency  certified  as  aforesaid, 
and  this  amount  so  raised  by  tax  shall  be 
paid  fo  the  commissioners  of  the  sinking  fund 
on  the  first  day  of  November  of  the  year  in 
w’hich  the  same  shall  be  levied. 

Items  to  l>e  Inclnded  in  annual  esti- 
mate. 

Sec.  230.  The  board  of  estimate  and  appor- 
tionment shall  annually  include  in  its  final 
eetiimate  the  following  sums,  which  shall  an- 
nually be  raised  and  appropriated: 

First — ^Such  sum  in  any  year,  as  shall  be 
included  in  the  estimate  of  the  department 
of  highways,  to  he  expended  in  repaving  or 
resurfacing  such  streets,  roads,  avenues,  and 
public  places  in  the  said  city  as  shall  be  cer- 
tified to  the  municipal  assem'bly  hy  the  com- 
missioner of  highways  as'  required  to  be  re- 
paved for  the  safety,  health,  or  convenience 
cf  the  public,  and  as  said  assem'bly  shall  by 
ordinance  or  resolution  direct. 

Second — Such  sum  as  said  board  may  deem 
necessary  in  the  interest  of  the  city,  to  he  ex- 
pended by  the  commissioner  of  water  supply, 
when  thereto  authorized  by  the  municipal  as- 
sembly, according  to  law,  in  extending  and  en- 
larging the  distribution  of  water  through  the 
city. 

Third — All  necessary  sum  or. sums  of  money 
for  the  purpose  of . payiug  the  expense  in- 
curred 'by  any  coroner,"  in  accordance  with 
law,  in  employing  scientific  experts,  engi- 
neers and  toxicologists. 

Fourth — The  amount  fixed  hy  said  hoard  tor 
clerk  hire  and  conitingent  and  incidental  ex- 
penses of  the  office  of  the  commissioners  of 
jurors,  but  not  exceeding  the  amount  fixed 
hy  law. 

Fifth — ^A  sum  not  exceeding  eight  thousand 
dollars  to  he  paid  to  the  trustees  of  the  Sev- 
enth regiment  armory  building,  as  an  equiv- 
alent and  in  lieu  of  the  rental  of  au  armory 
for  said  regiment,  to  be  applied  to  the  preser- 
vation, maintenance  and  improvement  of 
said  armory  'building,  as  provided  in  ctapter 
518  of  the  la.ws  of  1893,  said  sum  to  be  paid 
in  the  month  of  January  in  each  year. 

Sixth — The  sum  or  sums  authorized  to  be 
expended  in  accordance  with  law  for  the  pur- 
chasing amd  leasing  of  lands  and  the  erection 
or  leasing  of  buildings  for  armories  and  drill 
rooms. 

Seventh — The  amount  necessary  for  the 
maihtenance  of  the  buildings.  Instruments 
and  equipments  of 

1.  The  meteorological  and  astronomical 
observatory. 

2.  The  American  Museum  of  Natural  His- 
tory, not  exceeding  ninety-five  thousand 
dollars. 

3.  The  Metropolitan  Museum  of  Art,  not 
exceeding  ninety-five  thousand  dollars. 
Eighth — Such  sum,  not  exceeding  seventy- 

five  thousand  dollars,  as  is  included  in  the 
departmental  estimates  submitted  to  it  by 
the  department  of  public  charities,  to  be  ap- 
plied to  the  relief  of  poor  adult  blind  persons. 

Ninth — The  sum  of  ten  thousand  dollars  to 
the  credit  of  the  department  of  health,  to  be 
known  as  the  tenement  house  fund,  to  be  ex- 
pended hy  the  board  of  health. 

Tenth — Such  sum  as  is  necessary  to  pay  the 
expenses  of  the  registration  and  revision  of 
registrl^ion  required  by  law,  and  of '■  all 
elections  held  in  said  city  during  the  year. 
Eleventh — Such  sum  as  may.bh  necessary 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK.  25 


to  pay  the  compensation  due  according  to 
law  to  justices  of  the  supreme  court  from 
judicial  departments,  other  than  the  first 
and  second  judicial  district,  who  hold  court 
in  the  first  judicial  department,  or  who  hold 
court  within  the  second  judicial  department 
within  the  said  city  of  New  “Xork  as  hereby 
constituted. 

Twelfth — Such  sum  as  may  be  necessary  to 
pay  the  salaries  of  county  officers  within  the 
counties  of  New  York,  Kings  and  Richmond, 
and  likewise  all  other  expenses  within  said 
counties  and  each  of  them  which  are  county 
as  distinguished  from  city  charges  ana  ex- 
penses. 

Thirteenth — The  amount  necessary  for  the 
support  of  the  night  medical  service;  but  in 
no  case  shall  the  sum  so  appropriated  exceed 
three  thousand  dollars  for  any  one  year,  unless 
otherwise  provided  by  said  board  and  the  mu- 
nicipal assembly. 

Fourteenth — To  pay  the  proporUon  of  ex- 
pense chargeable  to  the  city  for  the  mainte- 
nance and  repair  of  the  public  bridges,  which 
are  now  built,  or  which  may  hereafter  be 
built,  within  the  city  of  New  York,  as  here- 
by constituted. 

Fifteenth — The  amount  necessary  to  pay 
the  expense  of  procuring  and  preparing  sur- 
veys and  maps  for  commissioners  of  estimate 
and  assesements,  appointed  in  any  proceeding 
to  open  any  street,  avenue  or  public  park  or 
place. 

Sixteenth — The  sum  necessary  to  pay  the 
salaries  of  the  janitors  of  the  district  courts. 

Seventeenth — Such  sum  as  is  necessary  for 
defraying  the  expenses  incurred  in  carrying 
out  the  provisions  of  sections  1,093,  1,094  and 
1,095  of  chapter  410  of  the  laws  of  1882. 

Eighteenth — Such  sum  as  may  be  necessary 
to  pay  the  expenses  of  the  rhagistrates’  courts 
and  the  board  of  city  magistrates  incurred  in 
accordance  with  law. 

Nineteenth — Such  sum  as  may  be  necessary 
to  provide  for  the  compilation  and  publication 
of  the  registry  of  voters. 

Twentieth — Such  sum  as  may\be  required  by 
the  trustees  of  the  College  of  the  City  of  New 
York,  pursuant  to  section  1,131  of  this  act. 

Twenty-first — Such  sum  as  may  be  required 
by  the  trustees  of  the  normal  college,  in  the 
city  of  New  York,  pursuant  to  the  provisions 
of  section  1,142  of  this  act. 

Twenty-second — The  sums  necessary,  in 
the  discretion  of  said  board,  to  make  the  fol- 
lowing described  payments,  namely: 

1.  To  the  American  Female  Guardian  so- 
ciety for  the  naaintenance  of  each  girl  under 
the  age  of  fourteen  and  each  boy  under 
the  age  of  ten  years,  committed  to  such  so- 
ciety by  any  magistrate  in  the  city  of  New 
York,  the  sum  of  $2  per  week  for  each  and 
every  week  until  such  child  is  discharged  or 
removed  from  the  institution  of  such  society, 
And  also  the  sum  o<f  $25,000,  to  be  applied  to 
the  support  of  the  industrial  schools  and  other 
charitable  work  of  the  said  society. 

2.  To  the  New  York  Society  for  the  Preven- 
tion of  Cruelty  to  Children  the  sum  of  $30,000 
for  the  uses  and  purposes  of  said  society. 

3.  To  the  New  York  Society  for  the  Relief 
of  the  Ruptured  and  Crippled,  the  sum  of 
$150  for  the  support  of  every  crippled  child 
received  and  retained  in  their  hospital  for  one 
year,  and  a proportionate  sum  for  a shorter 
period. 

4.  To  the  New  York  Infirmary  for  Women 
and  Children,  $25  for  each  homeless  or  needy 
mother  who  received  care  and  attendance  in 
lying-in  wards  of  the  New  York  infirmary 
for  women  and  children,  for  such  care  and 
obstetric  attendance,  and  the  further  sum  of 
$18  per  month,  and  proportionately  for  any 
fraction  of  a month,  for  each  mother  thus 
domiciled  and  attended  at  the  birth  of  her 


child,  and  for  each  homeless  or  needy  mother 
with  a nursing  infant  who  resides  at  said  in- 
firmary at  the  request  of  or  by  permission  of 
its  officers,  and  wet  nurses  her  own  infant, 
provided  such  residence  shall  exceed  the 
period  of  two  months,  but  the  said  monthly 
allowance  of  $18  shall  not  be  paid  for  a long- 
er period  than  one  year  for  any  mother  so  re- 
maining continuously.  And  to  the  New  York 
medical  college  and  hospital  for  women,  $25 
for  each  needy  mother  who  has  received  care 
and  obstetricattendance  at  her  home  orinthe 
lying-in  wards  of  the  said  hospital,  for  such 
care  and  obstetric  attendance,  and  the  further 
sum  of  $18  per  month  and  proportionately  for 
each  fraction  of  a month  for  each  mother  at- 
tended at  the  birth  of  her  child  and  domiciled 
at  such  hospital,  but  not  for  a longer  period 
than  one  year,  and  also  for  each  homeless  or 
needy  mother  with  a nursing  infant  who  re- 
sides at  said  hospital  at  the  request  of  or  by 
permission  of  its  officers  and  wet  nurses  her 
own  infant,  provided  such  residence  shall  ex- 
ceed the  period  of  two  months.  But  such  sums 
to  the  New  York  medical  college  and  hospital 
for  women  shall  not  exceed  $8,000  in  the  ag- 
gregate in  any  one  year. 

6.  To  the  children’s  fold  of  the  city  of  New 
York,  the  sum  of  $2  per  week  for  each  and 
every  orphan,  half  orphan  and  destitute  child 
received  and  supported  by  said  institution,  the 
expense  of  whose  support  is  not  paid  by  pri- 
vate parties. 

6.  To  the  New  York  Institution  for  the 
Blind,  $50  for  each  state  pupil  sent  to  and 
received  in  said  institution  from  said  city, 
whose  parents  or  guardians  shall,  in  the  opin- 
ion of  the  i-uporintendent  of  public  instruc- 
tion, be  unable  to  furnish  them  with  suitable 
clothing,  to  be  by  it  applied  to  furnishing  such 
pupils  with  suitable  clothing  while  in  said 
institution. 

7.  To  the  Children’s  Aid  society,  the  sum 
of  $10,000  for  the  uses  and  purposes  of  said 
society.  And  also  the  sum  of  $30,000  to  be 
applied  to  the  care  and  education  in  the  in- 
dustrial schools  of  said  city,  of  destitute 
children  not  attending  the  common  schools 
in  the  city  of  New  York.  And  also  the  sum 
of  $30,000  to  be  applied  to  the  support  of 
the  boys’  and  girls’  lodging  houses  of  the 
said  society.  To  St.  John’s  guild  of  the 
city  of  New  York  the  sum  of  $30,000,  to  be 
applied  to  the  maintenance  and  operation  of 
its  hospitals,  to  the  support  of  its  other  char- 
itable work  and  to  the  general  uses  and 
purposes  of  said  society,  and  to  the  Sanitarium 
for  Hebrew  Children  in  the  city  of  New 
York,  the  sum  of  $5,000  to  be  applied  to  the 
support  of  its  charitable  work. 

8.  To  the  foundling  asylum  of  the  Sisters  of 
Charity  and  to  the  Babies’  hospital  of  the 
city  of  New  York,  respectively,  at  the  rate 
of  38  cents  per  day  for  each  and  every  found- 
ling or  infant  received  and  maintained  by 
them.  And  also  for  each  and  every  homeless 
and  needy  mother  with  a nursing  infant,  who 
shall  reside  at  the  asylum,  or  at  said  hos- 
pital, by  request  of  its  officers,  and  nurse 
her  own  infant,  the  sum  of  $18  per  month.  To 
the  babies’  wards  of  the  Post-Graduate  hos- 
pital in  the  city  of  New  York,  at  the  rate  of  38 
cents  per  day  for  each  and  every  infant  re- 
ceived and  cared  for  therein. 

9.  To  the  Nursery  and  Child’s  hospital,  the 
sum  of  five  dollars  per  week  for  every  desti- 
tute woman  admitted  into  its  lying-in  wards, 
according  to  the  time  of  the  said  woman’s 
continuing  under  the  care  of  the  said  insti- 
tution, and  the  further  sum  of  ten  dollars  per 
month  for  each  and  every  child  born  in  the 
institution  or  supported  and  maintained  by 
said  institution,  whenever  it  may  be  neces- 
sary or  expedient  to  place  said  child  in  the 
country,  or  for  want  of  room  in  the  institu- 


tion to  find  accommodation  for  it  elsewbcrej 
and  also  the  sum  of  ten  dollars  per  month 
for  all  children  received  and  retained  in  the 
Nursery  and  Child’s  hospital,  in  the  city  of 
New  York,  and  in  like  proportion  for  any 
fraction  of  a year  for  each  and  every  desti- 
tute child  which  may  be  supported  and  main- 
tained in  said  institution.  To  the  New  York 
Polyclinic  Medical  school  and  hospital,  for 
board,  nursing  and  medical  or  surgical  aid 
and  attendance,  one  dollar  per  day  for  each 
needy  and  charity  patient  who  occupies  a bed 
in  said  hospital  and  who  receives  such  care, 
support  and  maintenance;  such  payments  not 
to  exceed  in  the  aggregate  thirty  thousand 
dollars  per  annum.  To  the  New  York  Homeo- 
pathic college  and  hospital,  for  board,  nurs- 
ing and  medfcal  or  surgical  aid  and  attend- 
ance, one  dollar  per  day  for  each  needy  and 
charity  patient  who  occupies  a bed  in  the 
Flower  Surg  "ial  hospital,  belonging  to  said 
New  York  Homeopathic  college  and  hospital, 
and  who  receives  such  care,  support  and  main- 
tenance; such  payment  not  to  exceed  in  tha 
aggregate  twelve  thousand  dollars  per  an- 
num. 

10.  To  the  New  York  Infant  asylum,  a sum 
of  money  at  the  rate  of  thirty-eight  cents 
per  day,  in  monthly  payments,  for  each  and 
every  child  received  and  maintained  by  said 
asylum;  a further  sum  of  twenty-five  dollars 
for  each  homeless  or  needy  mother  who  re- 
ceives care  and  attendance  in  the  lying-in 
wards  of  the  asylum;  the  further  sum  of  eight- 
een dollars  per  month,  and  proportionately 
for  any  fraction  of  a month,  for  each  homeless 
or  needy  mother  who  is  domiciled  in  the 
asylum  and  attended  at  the  birth  of  her  child, 
and  resides  at  the  asylum  by  the  request  of 
its  officers,  and  wet  nurses  her  own  infant; 
and  for  each  o-ther  homeless  or  needy  mother 
with  a nursing . infant  who  resides  at  the 
asylum  by  the  request  of  its  officers  and  wet 
nurses  her  own  infant;  provided,  however, 
that  in  each  case  such  residence  must  exceed 
the  period  of  two  months,  and  that  said  month- 
ly allowance  shall  not  be  paid  for  a longer 
period  than  for  one  year  for  any  mother  so 
remaining. 

11.  To  the  Shepherd’s  fold  of  the  Protestant 
Episcopal  church  in  the  state  of  New  York, 
the  sum  of  five  thousand  dollars,  to  be  ap- 
plied to  the  purposes  and  objects  of  said  cor- 
poration. 

12.  To  the  New  York  Catholic  Protectory, 
yearly,  the  sum  of  one  hundred  and  ten  dol- 
lars per  capita,  on  the  average  number  of  per- 
sons annually  maintained  in  its  institutions; 
the  average  number  of  persons  thus  maintain- 
ed shall  be  ascertained  by  the  examination 
and  testimony,  under  oath,  of  the  president  or 
secretary  of  said  society. 

13.  To  the  Hebrew  Benevolent  society  of 
the  city  of  New  York,  one  hundred  and  ten 
dollars  per  annum  and  proportionately  for 
any  fraction  of  a year,  and  to  the  Hebrew 
Sheltering  Guardi.an  society  of  New  York, 
one  hundred  and  four  dollars  per  annum  and 
proportionately  for  any  fraction  of  a year 
for  each  orphan,  half  orphan  and  indigent 
child  committed  or  intrusted  to  its  care  in 
pursuance  of  the  provisions  of  law. 

14.  To  the  New  York  Juvenile  asylum,  ono 
hundred  and  ten  dollars  per  annum,  and  pro- 
portionately for  any  fraction  of  a year,  for 
each  child,  which,  by  virtue  and  in  pursu- 
ance of  the  provisions  of  chapter  three  hun- 
dred and  thirty-two  of  the  laws  of  eighteen 
hundred  and  fifty-one,  as  amended  by  laws  of 
eighteen  hundred  and  fifty-eight,  chapter 
forty-three,  laws  of  eighteen  hundred  ,and 
sixty-three,  chapter  ninety-four,  and  laws  of 
eighteen  hundred  and  sixty-six,  chapter  two 
hundred  and  forty-five,  shall  be  intrusted  0( 


26 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


committed  to  the  said  asylum  and  shall  be 
supported  and  instructed  therein. 

15.  To  the  Roman  Catholic  House  of  the 
Good  Shepherd,  monthly  payments  at  the  rate 
of  one  hundred  and  ten  dollars  per  annum 
for  each  female,  between  the  ages  of  fourteen 
and  twenty-one,  committed  to  it  by  any  mag- 
istrate in  accordance  with  chapter  four  hun- 
dred and  nine^of  the  laws  of  eighteen  hun- 
dred and  sixty-seven. 

16.  To  the  Magdalen  Female  Benevolent 
Asylum  and  Home  for  Fallen  Women,  month- 
ly payments  at  the  rate  of  one  hundred  and 
ten  dollars  per  annum  for  each  female,  be- 
tween the  ages  of  fourteen  and  twenty-one 
years,  committed  to  it  by  any  magistrate,  in 
accordance  with  said  last  mentioned  law. 

17.  To  the  Protestant  Episcopal  House  of 
Mercy,  monthly  payments  at  the  rate  of  one 
hundred  and  ten  dollars  per  annum  for  each 
fercule  between  the  ages  of  fourteen  and 
twenty-one  years,  committed  to  it  by  any 
magistrate  in  accordance  with  said  last  men- 
tioned law. 

18.  To  the  Five  Points  House  of  Industry, 
the  sum  of  lifty-two  dollars  per  year  for  each 
and  every  orphan,  half  orphan  and  destitute 
child,  not  exceeding  two  hundred  children  in 
any  one  year,  received  and-  supported  by  said 
institution  for  each  year,  the  expense  of 
whose  support  is  not  paid  by  private  parties, 
and  in  the  same  proportion  for  the  part  of 
a year. 

19.  To  the  Association  for  Befriending  Chil- 
dren and  Young  Girls,  a per  capita  allow- 
ance of  one  dollar  a week  fcr  each  female 
by  it  rescued,  supported,  instructed  and  train- 
ed to  useful  employment. 

20.  To  the  Peabody  Home  for  Aged  and  In- 
digent Women,  the  sum  of  one  hundred  and 
fifty  dollars  per  annum  tor  each  and  every 
woman  therein  over  sixty-five  years  of  age 
received  and  supported  by  said  institution, 
not  exceeding,  however,  the  sum  of  five  thou- 
sand dollars  in  any  one  year,  and  to  the  Sloan 
Maternity  hospital  in  the  city  of  New  York, 
the  sum  of  five  dollars  per  week  for  every 
destitute  woman  admitted  into  its  lying-in 
ward,  according  to  the  time  of  the  said  W'om- 
an  continuing  under  the  care  of  the  said 
institution,  and  the  further  sum  of  ten  dol- 
lars per  month  fcr  each  and  every  child  born 
In  the  institution  or  supported  and  maintain- 
ed by  said  institution,  but  such  sums  shall 
not  exceed  eight  thousand  dollars  in  any  one 
year.  And  to  the  New  York  Female  asylum 
for  lying-in  women,  twenty-five  dollars  for 
each  homeless  and  needy  mother  who  has 
received  care  and  attention  in  the  lying-in 
ward  of  the  asylum,  for  such  care  and  ob- 
stetric attendance,  but  such  sums  shall  not 
exceed  eight  thousand  dollars  in  any  one  year. 

21.  To  the  Mothers’  and  Babies’  hospital,  fif- 
teen dollars  for  each  homeless  and  needy 
mother  w'ho  has  received  care  and  attention 
In  the  lying-in  w-ard  of  the  hospital,  for  such 
care  and  obstetric  attendance,  not  to  exceed 
three  hundred  patients  in  any  one  year. 

22.  Such  other  sum  or  sums  as  are.  or  may 
be  by  law  directed  to 'be  raised  and  paid- 
for  charitable  purposes  or  to  private  or  in- 
corporated societies,  associations,  asylums, 
hospitals,  corporations,  institutions,  protec- 
tories, home  or  schools. 

23.  The  board  of  estimate  and  apportion- 

ment are  hereby  authorized  in  their  discre- 
tion to  include  in  their  annual  statements 
and  estimates  the  following  specified  sums 
of  money  fcr  the  respective  purposes  herein 
stated,  namely:  Four  thousand  dollars  to  be 

paid  to  the  Brooklyn  hospital  (formerly  City 
hospital):  four  thousand  dollars  to  be  paid  to 
the  Long  Island  College  hospital;  four  thou-  I 


sand  dollars  to  be  paid  to  the  Brooklyn  Home- 
opathic hospital;  fifteen  hundred  dollars  to 
be  paid  to  the  Brooklyn  Central  dispensary; 
fifteen  hundred  dollars  to  be  paid  to  the 
Brookljm  City  dispensary;  fifteen  hundred 
dollars  to  be  paid  to  the  Brooklyn  Eclectic 
dispensary;  fifteen  hundred  dollars  to  be  paid 
to  the  Brooklyn  Homeopathic  dispensary;  five 
thousand  dollars  to  be  paid  to  the  Brooklyn 
Eastern  District  dispensary  and  hospital 
(formerly  the  Williamsburgh  dispensary); 
fifteen  hundred  dollars  to  be  paid  to  the  Long 
Island  College  dispensary;  fifteen  hundred 
dollars  to  te  paid  to  the  Gates  avenue  Home- 
opathic dispensary;  four  thousand  dollars  to 
be  paid  to  the  Brooklyn  Nursery  and  Infants' 
hospital;  fifteen  hundred  dollars  to  be  paid 
to  the  Brooklyn  Eastern  District  Homeopa- 
thic dispensary  (formerly  the  Williamsburgh 
Homeopathic  dispensary);  tw'enty-five  hun- 
dred dollars  to  be  paid  to  the  Brooklyn  ma- 
ternity (formerly  Brooklyn  lying-in  asylum); 
twenty-five  hundred  dollars  to  be  paid  to  the 
Eye  and  Ear  hospital  of  the  city  of  Brook- 
lyn; one  thousand  dollars  to  be  paid  to  the 
' Southern  dispensary  and  hospital;  fifteen  hun- 
dred dollars  to  be  paid  to  the  Orthopedic  dis- 
pensary; four  thousand  dollars  to  be  paid  to 
the  Saint  Peter’s  hospital;  fifteen  hundred 
dollars  to  be  paid  to  the  Saint  Peter’s  dis- 
pensary; tw’o  thousand  dollars  to  be  paid  to 
the  Atlantic  avenue  dispensary:  one  thou- 
sand dollars  to  be  paid  to  the  Saint  Mary’s 
dispensary:  two  thousand  dollars  to  be  paid 
to  the  Brooklyn  Diet  dispensary;  fifteen  hun- 
dred dollars  to  be  paid  to  the  Saint  Cathar- 
ine’s dispensary:  four  thousand  dollars  to 
be  paid  to  the  Saint  Catharine’s  hospital; 
one  thousand  dollars  to  be  paid  to  the  Help- 
ing Hand  society  of  Brooklyn;  one  thousand 
dollars  to  be  paid  to  the  Sheltering  Arms 
nursery  of  Brooklyn;  four  thousand  dollars 
to  be  paid  to  the  Brooklyn  Home  for  Con- 
sumptives: four  thousand  dollars  to  be  paid 
to  the  Memorial  hospital  for  Women  and 
Children;  four  thousand  dollars  to  be  paid 
to  the  Saint  Mary’s  general  hospital  of  the 
city  of  Brooklyn;  fifteen  hundred  dollars  to 
be  paid  to  the  Central  Homeopathic  dispen- 
sary; fifteen  hundred  dollars  to  be  paid  to  the 
Memorial  dispensary;  fifteen  hundred  dollars 
to  be  paid  to  the  Bushwick  and  Bast  Brook- 
lyn dispensary;  fifteen  hundred  dollars  to  be 
paid  to  the  Dispensary  of  the  College  of 
Physicians  and  Surgeons  of  Saint  Mary’s 
hospital  of  the  city  of  Brooklyn;  four  thou- 
sand dollars  to  be  paid  to  the  Methodist  Epis- 
copal hospital  of  the  city  of  Brooklyn;  two 
thousand  dollars  to  be  paid  to  the  Saini 
Mary’s  Female  hospital;  fifteen  hundred  dol- 
lars to  be  paid  to  the  Luthesan  Hospital 
association  of  the  city  of  New  York  and  vic- 
inity; four  thousand  dollars  to  be  paid  to  the 
Brooklyn  Throat  hospital;  two  thousand  dol- 
lars to  be  paid  to  the  Bedford  dispensary 
and  hospital;  four  thousand  dollars  to  be  paid 
to  the  St.  Martha’s  sanitarium  and  dispen- 
sary; thrive  thousand  dollars  to  be  paid  to  the 
Central  Throat  hospital  and  Polyclinic  dis- 
pensary; three  thousand  dollars  to  be  paid 
to  the  Long  Island  Throat  hospital  and  Bye  in- 
firmary (formerly  the  Long  Island  Throat  and 
Lung  hospital  and  People’s  dispensary  associ- 
ation); four  thousand  dollars  to  be  paid  to  the 
Norwegian  Lutheran  Deaconesses’  home  and 
hospital : tw'o  thousand  and  five  hundred  dol- 
lars to  be  paid  to  the  Brooklyn  Home  for 
Aged  Colored  People,  three  thousand  dollars 
to  be  paid  to  the  St.  Mary’s  Maternity  and 
Infants’  home;  two  thousand  dollars  to  be 
paid  the  Memorial  Training  School  for 
Nurses;  four  thousand  dollars  to  be  paid  to 
the  Church  Charity  Foundation  of  Long  Isl- 
and for  its  hospital;  twenty-five  hundred  dol- 
lars to  be  paid  to  the  Home  of  St.  Giles  the 


Cripple;  three  thousand  dollars  to  be  paid  to 
the  Bushwick  hospital;  four  thousand  dollars 
to  be  paid  to  the  Brooklyn  So- 
ciety for  the  Prevention  of  Cruelty 
to  Children;  two  thousand  dollars  to 

be  paid  to  the  Brooklyn  Training  school 
and  Home  for  Young  Girls;  fifteen  hundred 
dollars  to  be  paid  to  the  dispensary  of  the 
Methodist  Episcopal  hospital;  twenty-five 

hundred  dollars  to  be  paid  to  the  Low  mater- 
nity; fifteen  hundred  dollars  to  be  paid  to  the 
Brooklyn  Hospital  dispensary;  two  thousand 
dollars  to  be  paid  to  the  Society  for  the  Aid 
of  Friendless  Women  and  Children;  two  thou- 
sand dollars  to  be  paid  to  the  Stone  materni- 
ty of  Brooklyn;  fifteen  hundred  dollars  to  be 
paid  to  St.  Phebe’s  mission;  fifteen  hundred 
dollars  to  be  paid  to  the  Orphan  Asylum  So- 
ciety of  the  City  of  Brooklyn;  two  thousand 
five  hundred  dollars  to  be  paid  to  the  Industrial 
Home  for  the  Blind:  one  thousand  dollars  to 
be  paid  to  the  Homeopathic  Hospital  associa- 
tion of  Brooklyn:  fifteen  hundred  dollars  to 
be  paid  to  the  Brooklyn  Industrial  School  as- 
sociation and  Home  for  Destitute  Children; 
fifteen  hundred  dollars  to  be  paid  to 
the  Industrial  Home  School  association 
of  Brooklyn,  eastern  district;  twenty- 
five  hundred  dollars  to  be  paid  to  the  Ma- 
ternity of  the  Long  Island  College  hospital; 
fifteen  hundred  dollars  to  be  paid  to  the 
Twenty-sixth  Ward  Homeopathic  dispensary; 
such  several  sums  of  money  to  be  paid  to  the 
several  institutions  in  consideration  of  their 
contracting  to  render  and  rendering  medical 
and  surgical  aid  and  treatment  to  the  poor 
of  the  county  of  Kings  who  may  apply  to 
them  therefor;  such  contract  to  be  in  writ- 
ing, executed  on  behalf  of  the  city  by  the 
mayor  and  controller  and  also  by  the 
executive  officers  of  said  associations  respect- 
ively, and  to  be  approved  by  the  counsel  to 
the  corporation  of  the  city,  to  be  filed  an- 
nually on  or  before  the  thirty-first  day  of 
May,  in  the  ofiBce  of  the  city  clerk. 

24.  Any  other  sum  or  sums  which  may 
heretofore  have  been  duly  authorized  by  law 
to  be  paid  by  tax  within  the  city  of  New 
York,  or  any  part  thereof,  as  constituted  by 
this  act,  for  the  education  and  support  of  the 
blind,  the  deaf  and  dumb  and  juvenile  delin- 
quents, and  for  the  care,  support,  mainte- 
nance and  secular  education  of  inmates  of 
orphan  asylums,  protectories,  homes  for  de- 
pendent children  or  correctional  institutions, 
or  to  charitable,  eleemosynary,  correctional 
and  reformatory  institutions,  wholly  or  part- 
ly under  private  control  for  care,'  support  and 
maintenance,  as  in  such  law  specified.  The 
board  of  estimate  and  apportionment  may 
also,  in  its  discretion,  appropriate  and  allow 
moneys'  raised  by  taxation  or  received  from 
any  other  source  and  properly  applicable 
thereto,  to  any  charitable,  eleemosynary,  cor- 
rectional or  reformatory  institution  wholly  or 
partly  under  private  control  for  the  care,  sup- 
port and  maintenance  of  its  inmates;  such 
payments  to  be  made  only  for  such  inmates 
as  are  received  and  retained  therein  pursuant 
to  rules  established  by  the  state  board  of 
charities.  The  board  of  estimate  and  ap- 
portionment may  in  any  year,  and  from  time 
to  time,  increase  or  diminish,  the  sum  au- 
thorized to  be  paid  to  any  institution,  asso- 
ciation, corporation  or  society  included  in  the 
twenty-second  paragraph  of  this  section.  The 
final  estimate  shall  specify  each  institution 
by  its  corporate  name  and  the  sum  to  be  paid 
thereto,  with  a reference  to  the  laws  author- 
izing the  appropriation,  and  the  comptroller 
is  authorized  to  pay  the  sum  to  such  institu- 
tion upon  its  appearing  to  his  satisfaction  in 
such  manner  as  he  shall  prescribe  that  the 
expenditure  thereof  by  the  institution  Is  law- 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


27 


ful  and  proper. — [Thus  amended  by  Chapter 
196,  Laws  of  1899.] 

Board  of  estimate  and  apijortionment 

to  audit  eliarses  against  city  for 

costs,  etc. 

Sec.  231.  The  board  of  estimate  and  appor- 
tionment is  hereby  authorized  to  audit  and 
allotr,  as  charges  against  the  city,  the  reason- 
able costs,  counsel  fees  and  expenses  paid 
or  incurred,  or  which  shall  hereafter  be  paid 
or  incurred  by  any  commissioner,  city  magis- 
trate or  i>c-lice  Justice  who  shall  have  been  a 
successful  party  in  any  proceedings  or  trial 
to  remove  him  from  office,  or  who  shall  bring 
or  defend  any  action  or  proceeding,  in  which 
the  question  as  to  his  title  to  office  is  in  any 
-way  presented,  or  involved,  or  in  which  it  is 
sought  to  convict  him,  or  to  review  or  pro- 
hibit any  such  removal  or  to  obtain  posses- 
sion of  his  office,  or  by  any  commissioner  for 
the  proper  presentation  and  justification  of 
his  official  conduct  before  any  body  or  tribu- 
nal lawfully  investigating  the  same,  and  not 
officially  recommending  his  removal  from 
office.  The  board  of  estimate  and  apportion- 
ment and  the  municipal  assembly  are 
hereby  authorized  . and  directed  to  cause 
to  be  included  in  the  budget  for 

the  year  following  such  audit,  an 

amount  sufficient  to  pay  the  revenue  bonds 
directed  to  be  issued  by  the  said  controller 
pursuant  to  section  188  of  this  act,  wich  all 
interest  due  or  to  become  due  thereon. 

Deficiencies;  Uow  i>rovided  for. 

Sec.  232.  The  amount  raised  by  assessment, 
pursuant  to  the  provisions  of  chapter  191  oi 
the  laws  of  1880,  shall  be  collected  and  paid 
into  the  city  treasury,  and  applied  tow^ard  the 
payment  of  revenue  bonds  issued  under  said 
chapter.  If  any  deficiency  shall  arise  from 
any  cause,  and  a sufficient  amount  shall  not 
be  realized  from  such  assessment  to  pay 
$50,000  of  the  revenue  bonds  issued  pursuant 
to  said  chapter,  with  the  interest  thereon, 
such  deficiency  shall  be  provided  for  by  the 
bo'ard  of  estimate  and  apportionment  and 
the  municipal  assembly,  by  including  the 
same  in  the  annual  appropriation  first  made, 
after  the  amount  of  such  deficiency,  if  any, 
shall  be  ascertained. 

Salaric.s  of  certain  officers. 

Sec.  233.  The  salaries  of  all  officers  paid 
from  the  city  treasury  not  embraced  in  any 
department  shall  be  fixed  'by  the  municipal 
assembly,  and  the  board  of  estimate  and  ap- 
portionmenrt,  unless  otherwise  provided  by 
law  or  by  this  act. 

List  of  persons  and  salaries  not  with- 
in a department. 

Sec.  2.34.  'The  board  o.f  estimate  and  appor- 
tionment shall  file  with  the  final  estimate 
during  the  month  of  December  in  each  year 
a schedule  of  the  names  of  all  persons  not 
within  a department  employed  under  the  city 
government,  the  designation  of  their  offices 
and  employment,  respectively,  and  the  sal- 
aries and  compensation  fixed  for  each,  whidh 
said  schedule  shall  be  published  in  tbe  City 
Record. 

Issue  of  certain  stock  and  honds 

authorized;  transfers  of  appropria- 
tions. 

Sac.  23.3.  The  board  oif  estimate  and  appor- 
tionment may  at  any  time,  as  ocoaeion  may 
require,  by  the  affirmative  vo^e  of  three 
members,  authorize  the  issue  of  any  stocks 
or  bonds  for  the  purpose  of  withdrawing,  or 
taking  up  at  noaturity  any  stocks  or  'bonds 
outstanding;  but  the  said  bonds  or  their  pro- 
ceeds shall  be  applied  exclusively  to  tbe  pay- 
ment, purch&ae,  and  extinction  of  such  matur-  ' 


ing  bonds  In  such  manner  that  the  aggregate 
of  the  stocks  or  bonds  of  said  city  outstand- 
ing shall  not  be  increased  thereby  for  a long- 
er period  than  is  necessary  in  effecting  said 
change.  The  said  board  of  estimate  and  ap- 
portionment may,  from  time  to  time,  on  the 
application  of  the  head  of  any  department, 
authorize  the  transfer,  from  one  bureau  or 
purpose  to  another  in  the  same  department, 
of  any  sum  theretofore  appropriated  for  the 
purpose  of  such  department  or  bureau. 

Appropriation  for  prevention  of  con- 
tagious diseases. 

Sec.  236.  For  the  prevention  of  dangers 
from  contagious  or  infectious  diseases  found  to 
exist  in  any  part  of  tbe  city,  or  for  the  care 
of  persons  exposed  to  danger  from  contagious 
or  infectious  diseases,  the  municipal  assembly 
and  tbe  board  of  estimate  and  apportionment 
may  appropriate  to  the  use  of  the  health  de- 
partment money  in  excess  of  the  annual  esti- 
mate and  appropriation  for  any  year  to  the 
amount  that  shall  be  declared  necess'ary  for 
such  purpose  by  resolution  of  the  board  of 
health;  not,  however,  to  exceed,  in  the  ag- 
gregate. the  sum  of  eighty  thousand  dollars 
in  excess  of  such  annual  appropriation,  and 
if  any  sum  or  sums  of  money  shall  be  so  ap- 
propriated by  said  municipal  assembly  and 
said  board  of  estimate  and  apportionment  in 
any  year  prior  to  tbe  date  of  the  certificate 
of  the  controller  to  the  municipal  assembly 
of  the  aggregate  amounf  of  the  budget  for 
such  year,  the  amount  thereof  shall  be  add- 
ed to  such  final  estimate,  and  included  in  the 
tax  levy  in  such  year. 

Board  of  estimate  may  transfer  excess 

of  appropriations. 

Sec.  237.  The  board  of  estimate  and  appor- 
tionment shall  have  the  power  at  any  time 
to  transfer-  any  appropriation  for  any  year 
w'hich  may  be  found,  by  the  head  of  the  de- 
partment for  which  such  appropriation  shall 
have  been  made,  to  be  In  excess  of  the  amount 
required  or  deemed  to  be  necessary  for  the 
purposes  or  objects  thereof,  to  such  other  pur- 
poses or  objects  for  which  the  appropriations 
in  such  year  are  Insufficient,  or  such  as  may 
require  the  same.  But  nothing  in  the  power 
thus  conferred'  shall  authorize  the  transfer  by 
said  board  of  an  appropriation  made  for  any  ob- 
ject or  purpose,  in  one  year,  to  any  purpose 
or  object,  whether  an  appropriation  has  been 
made  therefor  or  otherwise,  in  any  subse- 
quent year.  And  any  balance  of  appropriations 
remaining  unexpended  at  the  close  of  any 
fiscal  year,  after  allowing  sufficient  to  satisfy 
all  claims  payable  therefrom,  and  also  any 
balance  to  the  credit  of  any  account  of  moneys 
which  have  been  or  may  hereafter  be  paid 
into  the  treasury  of  the  city,  under  existing 
laws,  appropriated  or  authorized  to  be  ex- 
pended tor  any  specific  purpose,  and  which 
the  said  board  of  estimate  and  apportionment 
may  determine  not  to  be  necessary,  or  to  be 
in  excess  ot  the  amount  required  therefor, 
may,  at  any  time,  but  not  less  than  sixty 
days  after  the  expiration  of  the  year  toj 
which  such  appropriations  are  made,  or  sixtj’' 
days  after  the  expiration  of  the  year  dur- 
ing which  the  moneys  aforesaid  were  paid  into 
the  treasury  of  the  city,  after  allowing  suffi- 
cient to  satisfy  all  claims  payable  from  such 
appropriations,  or  which  the  controller  shall 
certify,  should  be  paid  from  said  moneys  paid 
into  the  treasury,  as  aforesaid,  be  transferred 
by  the  controller,  with  the  approval  of  the 
said  board  of  estimate  and  apportionment,  to 
the  general  fund  of  the  city,  and  applied  to 
the  reduction  ot  taxation.  The  approval  by 
the  beard  of  estimate  and  apportionment  of 
the  certificate  of  the  controller,  as  aforesaid, 
shall  be  an  appropriation  of  the  amounts 


therein  stated  to  the  object  or  purposes  In 
said  certificate  specified. 

Ai>pr«»i»riations  ont  o£  exci.se  money* 
to  Home  for  Girls. 

Sec.  238.  There  may  be  paid  annually,  out 
of  the  excise  moneys  of  tbe  City  of  New  York, 
to  the  Home  for  Fallen  and  Friendless  Girls, 
in  said  city,  the  sum  of  $150,  for  the  support 
of  every  fallen  and  friendless  girl  received 
and  supported  by  said  corporation  in  their 
Home  for  Fallen  and  Friendless  Girls  tor  the 
year  for  which  such  payment  shall  be  made, 
and  a proportional  sum  for  a shorter  period 
in  the  same  year. 

Street  sweeping  contracts  to  be  ap- 
j>rovecl  by  board. 

Sec.  239.  The  terms  and  conditions  of  all 
contracts  for  street  sweeping  and  cleaning, 
or  for  the  collection  of  ashes  and  garbage^ 
shall,  before  they  are  entered  into,  be  ap- 
proved by  the  ooard  ot  estimate  and  appor- 
tionment. 

Excise  moneys;  bow  appropriated. 

Sec.  240.  Said  board  of  estimate  and  appor- 
tionment is  authorized,  from  time  to  time,  in 
sums  according  to  its  discretion,  by  resolution 
ot  said  board,  to  appropriate  from  excise 
moneys  obtained  from  either  local  or  state 
boards  or  officers,  for  taxes  or  licenses  for  the 
sale  of  intoxicating  liquors,  to  such  benevolent 
or  charitable  institutions  in  said  city  which 
shall  gratuitously  aid,  support  or  assist  the 
poor  thereof,  as  may  seem  to  said  board  de- 
serving or  liroper,  but  no  such  resolutions 
shall  be  valid  unless  adopted  by  a majority 
vote  of  all  the  members  of  .said  board,  and  the 
controller  shall  draw  his  warrants  in  favor  of 
such  institutions  respectively  mentioned  in 
such  resolutions,  according  to  the  tenor  there- 
of, and  the  chamberlain  shall  pay  such  war- 
rants out  of  the  said  moneys  received  for  li- 
censes. The  term  “poor,”  as  used  in  i-his 
section,  shall  only  include  persons  who  would 
otherwise  bdeome  a charge  upon  said  city,  as 
foundlings,  orphans  or  such  prostituted  or 
fallen  women  or  juvenile  delinquents  as  may 
be  committed  to  or  cared  for  gratuitously,  in 
or  by  any  reformatory  institution,  protectory 
or  juvenile  asylum,  and  persons  who  are  sup- 
ported, relieved,  or  cared  for  gratuitously,  in 
or  by  any  charitable  institution  for  the  care  or 
relief  of  the  ruptured  or  crippled,  the  cure  of 
hip  or  spinal  diseases,  the  sick  or  the  desti- 
tute, friendless  or  infirm,  including  children 
of  volunteers  who  died  in.  the  late  civil  war  and 
the  care  and  instruction  of  idiots,  the  deaf  and 
dumb,  the  blind  and  the  insane.  No  pay- 
ments shall  be  made  in  pursuance  of  this  sec- 
tion, except  as  a per  capita  allowance  for  tbe 
poor  and  destitute  persons  actually  supported, 
treated,  cared  for  or  educated  in  the  institu- 
tions referred  to  in  this  section,  except  in  the 
case  of  the  American  Female  Guardian  society 
and  Home  for  the  Friendless,  the  Children’s 
Aid  society  and  the  Shepherd’s  Fold  of  the 
Protestant  Episcopal  church,  which  shall 
severally  receive  only  the  same  amounts  as 
provided  by  other  provisions  of  law.  The  said 
board  of  estimate  and  apportionment  is  also 
authorized,  from  time  to  time,  and  in  sums 
according  to  its  discretion,  to  appropriate,  by 
resolution  of  said  board,  all  moneys  derived 
frO'm  penalties  and  fines,  recovered,  pursuant 
to  sections  1,473,  1,481  and  1,482  of  this  act, 
and  all  moneys  from  licenses,  provided  for 
in  chapter  22,  title  2 of  this  act,  to  what- 
ever benevolent  oi  charitable  institutions 
ma3’^  seem  tc  such  board  deserving  or 
proper,  but  no  such,  resolution  shall  be 
valid  unless  adopted  by  a vote  of  a majority 
of  said  board,  and  the  controller  of  said  city 
is  hereby  authorized  and  directed  to  draw 
his  warrants  in  favor  of  the  corporations,  so- 
cieties or  charitable  institutions,  respectively 


28  ■ THE  CHARTER  OF  THE  CITY  OP  NEW 


mentioned  in  eucli  resolution  according  to  the 
tenor  thereof,  and  the  chamherlain  of  said 
city  shall  pay  such  warrants  out  of  the  said 
moneys  received  for  such  penalties,  fines  and 
licenses. 

Appropriations  for  contestiiiR-  office  to 

l>e  made  for-  prcvaalliig  party  only. 

Sec.  241.  No  appropriation  or  payment  for 
the  contesting  of  the  office  of  mayor,  or  any 
seat  ill  the  municipal  assembly,  or  office  in 
any  department,  or  the  office  of  any  officer 
■whose  salary  is  paid  from  the  city  treasury, 
shall  be  made  to  any  but  the  prevailing  par- 
ty. Nor  shall  any  such  appropriations  or 
payment  be  made  to  such  prevailing  party 
except  upon  the  written  certificate  of  the 
chief  officer  of  the  law  department,  and  of 
the  presiding  justice  of  the  appellate  division 
of  the-  first  department  of  the  supreme  court, 
certifying  who  is  such  prevailing  party,  and 
the  value  of  the  services  rendered  in  the 
case.  In  case  an  officer  or  clerk  is  ordered  to 
* be  examined,  in  pursuance  of  law,  the  corpor- 
ation counsel  shall  assign  some  one  from  his 
department  as  counsel  for  the  officer  or 
clerk  making  an  application  therefor. 

TITLE  6. 

ILEVYIXG  TAXES. 
Controller's  duties. 

Sec.  247.  It  shall  be  the  duty  of  the  con- 
troller of  said  the  city  of  New  York  to  pre- 
pare and  submit  to  the  municipal  assembly, 
at  least  four  weeks  before  their  annual 
meeting,  for  the  purpose  of  imposing  the  an- 
nual taxes,  a statement,  setting  forth  the 
amounts  by  law  authorized  to  be  raised  by 
tax  in  that  year,  on  account  of  the  cor- 
poration of  the  city  of  New  York,  as  hereby 
constituted,  or  for  city  purposes  within  said 
city,  and  also  an  estimate  of  the  probable 
amounts  of  receipts  by  the  city  treasury  dur- 
ing the  then  current  year,  from  all  the 
sources  of  revenue  of  said  general  fund,  in- 
cluding surplus  revenues  from  the  sinking 
fund,  available  in  accordance  with  law,  other 
than  the  surplus  revenues  of  the  sinking 
fund,  for  the  payment  of  the  city  debt,  and 
the  said  municipal  assembly  are  hereby  au- 
thorized and  directed  to  deduct  the  total 
amount  of  such  estimated  receipts  from 
the  aggregate  amount  of  all  the  various 
sums  which,  by  law,  they  are  required  to  or- 
der, and  cause  to  be  raised  by  tax  in  said 
year,  for  the  purposes  aforesaid,  and  to  cause 
to  be  raised,  by  tax  only,  the  balance  of  said 
aggregate  amount,  after  making  such  de- 
duction. 

Deficiencies;  limit.s  of;  levies  for. 

Sec.  248.  It  shall  be  the  duty  of  the  muni- 
cipal assembly  to  include,  in  any  and  every 
ordinance  or  resolution  passed  by  them,  im- 
posing and  levying  taxes  for  any  purpose  or 
purposes  authorized  by  law,  such  sum,  in 
addition  to  the  aggregate  amount  required 
for  such  purposes,  a.s  they  shall  deem  neces- 
sary, not  exceeding  three  per  cent,  of  said 
aggregate  amount,  to  provide  for  deficiencies 
in  the  actual  product  of  the  amount  imposed 
and  levied  therefor. 

AsKreR'afe  amomit  appoz’tione*!  to  fie, 

certified  to  snuiiicipai  asseiiifily  and 

raised. 

Sec.  249.  The  aggregate  amount  estimated 
by  the  municipal  assembly  and  the  board  of 
estimate  and  apportionment,  in  the  annual 
budget,  shall  be  certified  by  the  controller 
to  the  municipal  assembly;  and  it  shall  be 
the  duty  of  said  municipal  assembly,  in 
joint  session  of  both  houses,  and  they  are 
hereby  empowered  and  directed  annually  to 
cause  to  be  raised,  according  to  law,  and 
collected  by  tax  upon  the  estates,  real  and 
personal,  subject  to  taxation  within  the  city 


of  New  York,  the  amount  so  certified,  as 
aforesaid. 

CHAPTEK  Vn. 

fiAW  DEI'AUTHENT. 

Corporation  coniisol  to  fie  tlie  head  ot 

the  law  department;  duties,  salary. 

Sec.  255.  There  shall  be  a law  department  of 
the  city  of  New  York,  the  head  whereof  shall 
be  called  the  corporation  counsel,  who  shall 
be  the  attorney  and  counsel  for  the  city  of 
New  York,  the  mayor,  the  municipal  assembly 
and  each  and  every  officer,  beard  and  depart- 
ment of  said  city.  The  salary  of  the  corpora- 
tion counsel  shall  be  fifteen  thousand  dollars 
a year.  The  corporation  counsel  shall  have 
charge  and  conduct  of  all  the  law  business  of 
the  corporation  and  Us  departments  and 
boards  and  of  ail  law  business  in  which  the 
city  of  New  York  is  interested.  He  shall  have 
charge  and  conduct  of  the  legal  proceedings 
necessary  in  opening,  widening,  altering  and 
closing  streets,  and  in  acquiring  real  estate 
or  interes'is  therein  for  the  city  by  condemna- 
tion. proceedings,  and  the  preparation  of  all 
leases,  deeds,  contracts,  bonds  and  other  legal 
papers  of  the  city,  or  of,  or  connected  w’ith  any 
department,  board  or  officer  thereof,  and  he 
shall  approve  as  to  form  all  such  contracts, 
leases,  deeds,  bonds  and  other  legal  papers. 
He  shall  be  the  legal  adviser  of  the  mayor, 
the  municipal  assembly  and  the  various  de- 
partments, beards  and  officers  and  it  shall  be 
his  duty  to  furnish  to  the  mayor,  the  munici- 
pal assembly  and  to  every  department,  board 
and  officer  of  the  city  all  suc.h  advice  and  legal 
assistance  as  counsel  and  attorney  in  or  out  of 
court  as  may  be  required  by  them  or  either  of 
them,  and  for  that  purpose  the  corporation 
counsel  may  assign  an  assistant  or  assistants 
to  any  department  that  he  shall  deem  to  need 
the  same.  No  officer,  board  or  department  of 
the  city,  unless  it  be  hereto  otherwise  espe- 
cially provided,  shall  have  or  employ  any  at- 
torney or  counsel.  The  corporation  counsel 
shall  have  the  right  to  institute  actions  in  law 
or  equity,  and  any  proceedings  provided  by  the 
code  of  civil  procedure  or  by  law  in  any 
court,  local,  sta-te,  or  national,  to  maintain, 
defend  and  establish  the  rights,  interests,  reve- 
nues, property,  privileges,  franchises  or  de- 
mands of  the  city,  or  of  any  part  or  portion 
thereof,  or  of  the  people  thereof,  or  to 
collect  any  money,  debts,  fines  or 
penalties  or  to  enforce  the  laws  and  ordi- 
nances. He  shall  be  a member  of  the  board  of 
estimate  and  apportionment  and  of  the  board 
of  public  improvements. 

Corpoi’atioii  eoMuscl’.s  power  of  ap- 
pointment. 

Sec.  25G.  The  corporation  counsel  may  ap- 
point, and  at  pleasure  remove,  as  many  as- 
sistants to  the  corporation  counsel  as  are  neces- 
sary to  the  discharge  of  the  duties  of  the  law 
department,  and  he  may  appoint  and  at  pleas- 
ure remove  such  clerks,  assistants,  and  subor- 
dinates as  are  requisite  to  the  discharge  of 
the  business  of  the  department,  giving  to  his 
appointees  such  titles  or  designations  as  he 
may  deem  appropriate  to  their  services,  re- 
spectively. He  shall  fix  and  regulate  the  sal- 
aries and  compensation  of  all  of  his  appoint- 
ees within  the  limits  of  the  appropriation  for 
his  department.  Any  assistant  corporation 
counsel  shall,  in  addition  to  his  other  powers, 
possess  every  power  and  perform  all  and  every 
duty  belonging  to  the^offlee  of  the  corporation 
counsel,  o^r  so  much  of  such  duties  as  the  cor- 
poration counsel  shall  deem  it  necessary  to* 
delegate  whenever  so  empowered  by  s-aid  cor- 
poration counsel  by  written  authority,  desig- 
nating therein  a period  of  time,  not  extending 
beyond  three  months,  nor  beyond  the  term  of 
office  of  said  corporation  counsel,  during 


YORK. 


which  such  power  and  authority  may  be  exer- 
cised; such  designation  and  authority  must  be 
duly  filed  and  remain  on  record  in  the  law 
department,  and  may  be  revoked  at  any  time. 
Brauoli  offices. 

Sec.  257.  In  addition  to  the  main  office  ot 
the  corporation  counsel,  which  shall  be  located 
in  the  borough  of  Manhattan,  he  shall  have 
an  office  in  the  borough  of  Brooklyn,  and,  in.- 
his  discretion,  may  maintain  an  office  in  the 
borough  of  the  Bronx,  the  borough  of  Queens 
and  the  borough  of  Richmond,  or  cither  of 
them. 

Biii’cans. 

■ Sec.  258.  The  corporation  counsel  may  es- 
tablish such  bureaus  for  divisions  of  service 
in  the  law  department  as  he  may  judge  most 
conducive  to  the  efficient  discharge  of  duty. 
There  shall  be  a bureau  in  the  law  department 
to  be  known  as  the  bureau  of  street  open- 
ings. It  shall  have  charge,  under  the  direc- 
tioil  of  the  corporation  counsel,  of  such  legal 
proceedings  to  open,  widen,  alter  or  close 
streets  and  parks,  and  to  acquire  title’  to 
or  extinguish  interests  in  real  estate  therefor, 
and  of  all  such  other  proceedings  involving 
awards  for  damages  or  assessments  for  bene- 
fit to  lands,  tenements  and  hereditaments 
as  may  be  assigned  to  it  by  the  corporation 
counsel.  The  corporation  counsel  shall  ap- 
point and  remove  at  will  the  head  of  said 
bureau  and  all  other  employes  thereof,  and 
shall  regulate  their  salaries  and  compensation. 
The  assistants  to  the  corporation  counsel  as- 
signed to  such  bureau  shall  conduct  in  his 
behalf,  and  subject  to  his  direction  and  con- 
trol, all  legal  proceedings  so  assigned,  and 
may  also  act  as  clerks  to  the  commissioners 
of  estimate  or  the  commissioners  of  estimate 
and  assessment  in  all  such  proceedings. 
Such  bureau  shall  furnish  to  the  commission- 
ers of  estimate  or  the  commissioners  of  es- 
timate and  assessment  in  each  proceeding 
suitable  offices  and  all  the  assistance  which 
they  may  require  in  preparing  their  prelimin- 
ary abstracts  of  estimate  or  of  estimate  and 
assessment,  and  their  final  reports  for  pre- 
sentation to  the  supreme  court  for  confirma- 
tion. The  compensation  of  the  head  of  said 
bureau  and  of  all  other  employes  thereo-f, 
and  all  the  legal  costs,  charges,  expenses  and 
disbursements  incurred  by  said  bureau  on 
account  of  such  proceedings,  shall  be  divided 
proportionately,  as  nearly  as  practicable,  to 
the  services  rendered  or  expense  incurred  in 
each  of  the  said  proceedings,  and  shall  be 
included  in  the  assessment  for  benefit  to  be 
imposed  by  the  commissioners  of  estimate 
or  the  commissioners  of  estimate  and  assess- 
ment in  each  proceeding  as  part  of  the  costs, 
charges  and  expenses  thereof,  after  the  same 
shall  have  been  taxed  by  the  court  in  the 
manner  now  provided  by  law  for  the  taxation 
of  such  costs,  charges,  expenses  and  dis- 
bursements, but  the  compensation  of  the  em- 
ployes of  said  bureau  and  the  necessary 
charges,  expenses  and  disbursements  there- 
of shall  be  chargeable  to  and  shall  be  paid 
monthly,  m the  first  instance  by  the  con- 
troller of  the  city  of  New  York,  out  of  the 
fund  known  as  the  fund  for  street  and  park 
openings,  created  by  chapter  one  hundred 
and  seventy-three  of  the  laws  of  eighteen  hun- 
dred and  .eighty -five,  and  the  acts  amenda- 
tory thereof  and  supplemental  thereto,  upon 
pay  rolls  and  vouchers  duly  certified  by  the 
corporation  counsel.  The  assistant  clerks  or 
other  appointees  of  this  bureau  engaged  in 
the  transaction  of  business  or  duties  pertain- 
ing to  the  borough  of  Brooklyn  may  have 
their  office  in  the  borough  hall  or  public  build- 
ing of  the  borough  of  Brooklyn,  and  if,  in 
the  judgment  of  the  corporation  counsel  'it 
be  convenient  and  advisable,  such  of  the  oa* 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


29 


sistants,  clerks  or  other  appointees  of  this 
bureau  as  may  be  engaged  in  the  transaction 
of  business  pertaining  to  the  borough  of  the 
Bronx,  the^  borough  of  Richmond  or  the 
borough  of  Queens,  may  likewise  have  an 
office  in  either  of  said  boroughs. 

BTirean  for  recovery  of  penalties. 

Sec.  259.  There  shall  be  a bureau  in  the  law 
department  for  the  recovery  of  penalties  for 
the  violation  of  any  law  or  municipal  ordi- 
nance, to  be  called  the  bureau  for  the  re- 
covery of  penalties.  All  actions  for  such 
recovery  shall  be  brought  in  the  name  of  the 
city  of  New  York,  and  not  in  that  of  any 
department,  except  where  otherwise  provided 
by  this  act.  The  assistant  corporation  coun- 
sel assigned  to  this  bureau  in  the  main  office, 
or  in  the  branch  office  located  in  any  borough, 
shall  no't  receive  for  his  own  use  any  fees  or 
emoluments  in  addition  to  his  salary,  and  he 
shall  pay  into  the  city  treasury  all  costs  and 
commissions  received  by  him  from  any  source 
whatever;  such  payments  shall  be  made 
monthly,  and  shall  be  accompanied  by  a 
sworn  statement  in  such  form  as  the  control- 
ler shall  prescribe.  Such  statement,  with  a 
detailed  list  of  costs,  commissions,  fines  and 
penalties  collected,  shall  be  published  in  the 
City  Record  monthly.  All  fines  or  moneys 
from  whatsoever  source,  received  by  the  head 
of  this  bureau,  shall  be  paid  into  the  treasury 
of  the  city,  except  as  otherwise  specially  pro- 
vided by  law. 

Borean  for  collection  of  arrears  ot 

personal  taxes. 

Sec.  260.  There  shall  be  a bureau  in  the 
law  department  for  the  collection  of  arrears 
of  personal  taxes,  to  be  called  the  bureau 
for  the  collection  of  arrears  of  personal 
taxes.  The  assistant  corporation  counsel 
assigned  to  this  bureau  shall  give  a bond  to 
the  city  of  New  York,  with  one  or  more  sure- 
ties, to  be  approved  by  controller  and  corpo- 
ration counsel,  in  the  penal  sum  of  ten  thou- 
sand dollars,  conditioned  for  the  faithfu’  per- 
formance of  the  duties  of  the  office  and  the 
payment  over  of  all  taxes  collected  by  him, 
which  shall  be  filed  in  the  controller’s  office 
and  he  and  his  bondsman  or  bondsmen  shall 
be  responsible  to  the  corporation  therefor. 

Presentation  of  claims  to  l>e  pleadert. 

Sec.  261.  No  action  or  special  proceeding, 
for  any  cause  whatever,  shall  be  prosecuted 
or  maintained  against  the  city  of  New  York, 
unless  it  shall  appear  by  and  as  an  allegation 
in  the  complaint  or  necessary  moving  papers 
that  at  least  thirty  days  have  elapsed  since 
the  demand,  claim  or  claims  upon  which  such 
action  or  special  proceeding  is  founded  were 
presented  to  the  controller  of  said  city  for  ad- 
justment, and  that  he  has  neglected  or  re- 
fused to  make  an  adjustment  or  payment 
thereof  for  thirty  days  after  such  present- 
ment. If  the  plaintiff  recovers  judgment  in 
his  action  or  special  proceeding  he  shall  re- 
cover full  taxable  costs  without  regard  to  the 
amount  of  the  judgment. 

.Jurisdiction  of  actions  against  tlic 

city. 

Sec.  262.  The  supreme  court  shall  have  ex- 
clusive jurisdiction  over  all  actions  or  special 
proceedings  wherein  the  city  of  New  York 
is  made  a party  defendant.  And  all  such  ac- 
tions shall  be  tried  in  that  county  wholly 
or  partly  embraced  within  the  city  of 
Nev/  York  in  which  the  cause  of  ac- 
tion arose,  or  in  the  county  of  New 
York,  subject  to  the  power  of  the  court 
to  change  the  place  of  trial  in\  the  cases  pro- 
vided by  law. 

Service  of  process. 

Sec.  263.  All  proces-s  and  papers  for  the 
commencement  of  actions  and  legal  proceed- 


ings against  the  city  of  New  York  shall  be 
served  either  upon  the  mayor,  the  coatrollsr 
or  the  corporation  counsel. 

Issnance  of  execnfion. 

Sec.  264.  No  execution  shall  be  issued  upon 
any  judgment  recovered  against  the  city  of 
New  York  until  after  ten  days’  notice  la  writ- 
ing, of  the  recovery  of  such  judgment  shall 
have  been  given  to  the  controller. 

CHAPTEE  VIII. 

POI.ICE  DEPARTMENT. 

Police  l>oard.  Commissioners.  Salary. 

Sec.  270.  The  head  of  the  police  department 
shall  be  called  the  police  board.  Said  board 
shall  consist  of  four  persons,  to  be  known  as 
police  commissioners  of  the -city  of  New  York. 
They  shall  be  appointed  by  the  mayor  and 
shall  hold  their  respective  offices  as  provided 
in  chapter  IV  of  this  act.  No  more  than  two 
of  said  co-mmissioners  shall,  when  either  of 
them  is  appointed,  belong  to  the  same  political 
party,  or  be  of  the  same  political  opinion  on 
state  and  national  politics.  The  salary  of  each 
of  said  police  commissioners  shall  be  five 
thousand  dollars  a year. 

Police  board.  Aotbority.  Bnreau  of 
elections. 

Sec.  271.  The  said  police  board  shall  have 
cognizance  and  control  of  the  government,  ad- 
ministration, disposition  and  discipline  of  the 
said  police  department,  and  of  the  police  force 
of  said  department,  and  it  shall  also  have 
cognizance  and  control  of  the  bureau  of  elec- 
tions hereinafter  mentioned,  and  said  bureau 
of  elections  shall  be  a part  of  said  police  de- 
partment. 

Id.;  to  make  and  enforce  rnles  and 
regulations. 

Sec.  272.  The  said  police  board  shall  make, 
adopt  and  enforce  such  rules,  orders  and 
regulations,  and  do  all  such  other  acts  as  may 
be  reasonably  necessary  to  effect  a prompt 
and  efficient  exercise  of  all  powers  conferred 
by  law,  and  the  performance  of  all  duties  im- 
posed by  law  upon  the  said  board  or  the  said 
department,  or  upon  any  part  of  or  person  in 
said  department.  But  said  board  shall  do  no 
act  which  is  contrary  to  or  inconsistent  with 
this  act. 

Boards  and  ofllees  abolished  and  forces 
con,soli«lated. 

Sec.  273.  Except  as  herein  otherwise  ex- 
pressly provided,  the  police  department,  the 
board  of  police  and  the  offices  of  the  police 
commissioners  of  the  city  of  New  York,  pro- 
vided for  by  the  New  York  city  consolidation 
act  of  1882,  and  the  acts  amendatory  thereof, 
the  office  of  commissioner  of  police  and  ex- 
cise of  the  city  of  Brooklyn,  the  board  of  po- 
lice commissioners  for  Long  Island  City  and 
the  board  of  commissioners  of  police  for  the 
county  of  Richmond  are  hereby  abolished. 
The  respective  police  forces  and  departments 
heretofore  existing  in  the  said  cities  and  the 
said  county,  including  the  park  police,  of  the 
mayor,  aldermen  and  commonalty  of  the  city 
of  New  York,  and  the  park  police  of  the  city 
of  Brooklyn,  and  the  police  force  of  the 
New  York  and  Brooklyn  bridge  are  here- 
by consolidated  into  one  ' department  and 
force  to  be  constituted,  controlled  and 
administered  as  provided  in  this  chapter. 

Police  department;  powers  and 
autbority  tran.sterred  to. 

Sec.  274.  All  the  rights,  powers,  authority, 
duties  and  obligations  Immediately  hereto- 
fore by  lav/  vested  in  or  imposed  upon  the 
police  departments,  or  either  of  the  boards 
or  commissioners  mentioned  in  the  last  above 
section,  shall  forthwith  by  force  of  and  as 
an  effect  of  this  chapter  be  transferred 
to  and  continue  in  the  police  department 


created  by  this  act  except  in  so  far  as  the 
same  shall  be  contrary  to  or  inconsistent  with 
the  provisions  of  this  chapter. 

All  the  rights,  powers,  authority,  duties  and 
obligations  relative  to,  or  connected  with  the 
appointment,  control  or  cognizance  of  any 
police  force  immediately  heretofore  by  law 
vested  in  or  imposed  upon  the  commission- 
ers of  public  parks  in  the  city  of  New  York, 
the  department  of  parks  of  the  city  of  Brook- 
lyn, and  the  board  of  trustees  of  the  New  York 
and  Brooklyn  bridge,  shall  forthwith,  by  force 
of,  and  as  an  effect  of  this  chapter  be  trans- 
ferred to  and  continued  in  the  police  depart- 
ment created  by  this  act,  except  in  so  far 
as  the  same  shall  be  contrary  to  or  inconsist- 
ent with  the  provisions  of  this  chapter. 

Pi’operty  to  vest  in  the  City  of  New 

York  and  be  managed  by  police  de- 
partment. 

Sec.  275.  All  moneys,  funds  and  property, 
and  all  rights  and  title  to  and  interest  in, 
and  possession  of  and  control  over  and  all 
rights  10’  the  use  and  possession  of  any  mon- 
eys, funds  or  property,  which  when  this  act 
takes  effect  shall  be  vested  in,  held  or  exer- 
cised by  the  department,  or  either  of  the 
boards  or  commissioners  mentioned  in  section 
273  of  this  act,  or  which  shall  then  be  applica- 
ble to,  or  used  for  the  purposes  of,  or  in  the 
maintenance  of,  or  in  connection  with  the 
functions  or  dudes  of  either  of  the  respective 
police  forces  appointed  by  the  commissioners 
of  public  parks  in  the  city  of  New  York,  the 
department  of  parks  of  the  City  of  Brooklyn, 
or  the  said  trustees  of  the  New  York  and 
Brooklyn  bridge,  shall  forthwith,  by  force  of 
and  as  an  effect  of  this  chapter,  be  and  become 
vested  in  the  city  of  New  York,  and  the  same 
shall  be  held,  exercised,  managed,  controlled, 
used  and  applied  by  and  under  the  direction  of 
the  police  department  created  by  this  act  until 
it  is  otherwise  lawfully  provided.  No  such 
money,  funds  or  property  shall  however  be 
used  for  or  applied  to  any  purpose  different 
in  kind  from  that  for  or  to  which  the  same 
might  theretofore  have  been  lawfully  used  or 
applied  until  such  different  use  or  applicatioa 
shall  first  have  been  lawfully  authorized. 

Police  force;  compositioii. 

Sec.  276.  Until  otherwise  provided  by  tho 
municipal  assembly,  upon  the  recommenda- 
tion of  the  police  board,  the  police  force  in 
the  police  department  created  by  this  chapter 
shall  consist  of  the  following  members,  to  wit: 
A chief  of  police,  five  deputy  chiefs  of  police, 
ten  inspectors-  of  police,  captains  of  police, 
not  exceeding  in  number  one  to  each  fifty  of 
the  total  number  of  patrolmen,  except  in  tha 
rural  portion  of  the  city;  sergeants  of  police, 
not  exceeding  four  in  number  to  each  fifty  of 
the  total  number  of  pu-trolmen;  roundsmen, 
not  exceeding  four  in  number  to  each  fifty 
patrolmen;  detective  sergeants  to  the  number 
authorized  by  law;  the  members  of  the  tele- 
graph force  as  specified  .in  section  277  of 
this  act;  doormen  of  police,  not  exceed- 
ing two  in  number  to  each  fifty  of  the 
total  number  of  patrolmen;  surgeons  of  po- 
lice, not  exceeding  forty  in  number,  one  of 
whom  shall  be  chief  surgeon,  and  patrolmen 
to  the  number  ot  six  thousand  three  hundred 
and  eighty-two. 

Id.;  memkers  of  former  forces  in.  New 

York  city  transferred. 

Sec.  277.  The  members  of  the  police  force 
of  the  city  of.  New  York,  and  the  members 
of  the  police  force  appointed  by  the  commis- 
sioners of  public  parks  in  said  city,  as  said 
forces  are  provided  for  by  sections  265  and  690 
of  the  New  York  city  consolidation  act  of 
1882,  and  by  the  statutes  amendatory  of  and 
supplementary  to  said  sections,  who  shall  be 
such  members  of  said  forces  respeotiveljt 


80 


THE  .CHARTER  OF  THE  CITY  OF  NEW  YORK, 


when  this  act  takes  effect,  shall  be  members 
of  the  police  force  specified  in  section  27G  of 
this  act.  The  employes  of  the  telegraph  force 
of  the  police  department,  of  the  mayor,  aider- 
men  and  commonalty  of  the  city  of  New  York 
who  are  in  office  when  this  act  takes  effect, 
ehali  take  the  same  rank  in  the  police  force 
specified  in  section  276  of  this  act,  as  the  tel- 
egraph force  of  the  police  department  of  the 
City  of  Brooklyn  has  under  existing  laws; 
provided,  however,  that  until  otherwise  or- 
dered by  the  police  board,  the  superintendent 
of  teiegraph  of  the  police  force  of  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New 
York  shali  be  superintendent  of  telegraph  for 
the  police  force  specified  in  said  section  276 
of  this  act;  and  the  deputy  superintendent)  of 
telegraph  of  the  police  force  of  said,  the 
mayor,  aldermen  and  commonalty  of  the  city 
of  New  York  shall  be  deputy  superintendent 
of  telegraph  in  the  central  office  in  the  bor- 
ough of  Manhattan;  and  the  superintendent 
of  telegraph  of  the  police  force  of  the  city 
of  Brooklyn  shall  be  superintendent  of  police 
telegraph  for  the  borough  of  Brooklyn. 

Id.;  mcmljers  of  former  forces  in 

Brooklyn  transferred. 

Sec.  278.  The  superintendent  and  deputy 
superintendent  of  police,  and  each  inspector, 
captain,  sergeant,  detective  sergeant,  rounds- 
man, patrolman,  door-man.  bridge-keeper, 
police  surgeon,  superintendent  of  tele- 
graph and  telegraph  operator,  who  is, 
when  this  act  takes  effect,  in,  of,  or  at- 
tached to  the  police  force  of  the  city  of 
Brooklyn,  or  the  police  force  appointed  by 
the  department  of  parks  of  said  city,  or  the 
police  force  appointed  by  the  board  of  trus- 
tees of  the  New  York  and  Brooklyn  bridge, 
pursuant  to  section  8 of  chapter  300  of  the 
laws  of  1875,  and  the  acts  amendatory  there- 
of or  supplementary  thereto,  shall  be  mem- 
bers of  the  police  force  specified  in  section 
276  of  this  act. 

Id.;  members  of  former  force  in  Lon;? 

Island  City  transferred. 

Sec.  279.  The  lawfully  appointed  captain, 
sergeant  and  patroimen  of  the  police  force 
of  Long  Isiand  City  who  shall  be  such  w'hen 
this  chapter  takes  effect,  shall  be  members 
of  the  police  force  specified  in  section  276 
of  this  act. 

Id.;  members  of  former  force  in  Ricli- 

mond  comity  transferred. 

Sec.  280.  The  captain  and  each  sergeant, 
roundsman  and  patrolman  of  the  police  force 
of  the  county  of  Richmond,  or  of  any  town 
or  village  in  that  part  of  the  county  of  Queens 
Included  in  the  city  of  New  York,  as  hereby 
constituted,  shall  be  members  of  the  police 
force  specified  in  section  276  of  this  act. 

Police  board;  antbority  over  members 

tran.sferrcd  by  preceding’  sections. 

Rank  of  transferred  members. 

Sec.  281.  The  police  board  created  by  this 
act  shall  have  the  same  powers,  control  and 
authority  over  the  members  of  the  police 
force  transferred  thereto  by  sections  277, 
278,  279  and  280  of  this  act,  and  over  their 
tenure  of  such  membership  and  removal 
therefrom,  as  the  said  board  shall  have  over 
the  members  of  said  force,  appointed  thereto 
by  said  board,  and  especially,  . except  as 
otherwise  provided  by  this  chapter,  to  fix 
and  assign  the  rank,  title,  duties,  powers 
and  place  of  service  of  said  transferred 
members.  Until  by  said  board  otherwise 
provided  the  rank,  title,  duties,  powers  and 
place  of  service  of  said  transferred  members 
shall  be  the  same  as  they  were  in  the  police 


force  to  which  they  belonged  before  this  act 
took  effect. 

Id.;  antbority  over  cmi>loye.s  of  form- 
er boards;  dnties  and  salaries  of  such 
employes. 

Sec.  282  All  clerks,  matrons,  secretaries, 
and  other  subordinates,  assistants  and  em- 
pioyes  attached  to  or  in  the  service  of  the 
department  or  either  of  the  boards  or  com- 
missioners specified  in  section  273  of  this 
act,  until  it  shall  be  otherwise  provided  by 
the  police  board  created  by  this  act,  shall 
perform  like  services  and  duties  and  receive 
therefor  the  same  salaries  or  compensation 
as  they  performed  and  received  respectively 
prior  to  this  act  taking  effect.  But  such 
clerks,  matrons,  secretaries  and  other  sub- 
ordinates, assistants  and  employes,  their 
services,  duties,  salaries  or  compensation, 
»enure  of  and  removal  from  their  positions 
or  employment  shall  in  all  respects  be  subject 
to  the  control  and  authority  of  the  police 
board  created  by  this  act. 

Id.;  power  to  aijpoiiit  and  remove 
members  and  employes — salaries  and 
fines. 

Sec.  283.  Subject  to  the  powers  by  this  act 
conferred  on  the  board  of  estimate  and  ap- 
portionment and  the  municipal  assembly  of 
the  city  of  New  York,  and  to  such  other  pro- 
visions of  this  act  as  may  limit  their  power 
in  the  premises,  the  police  board  created  by 
this  act  shall  have  power  to  appoint  and 
remove  the  members  of  the  police  force 
specified  in  section  276  of  this  act,  and  also 
such  clerks,  police  matrons,  secretaries,  and 
other  subordinates,  assistants  and  employes 
as  may  be  reasonably  necessary  to  the  proper 
performance  of  the  duties  and  execution  of 
the  powers  and  functions  of  the  police  de- 
partment created  by  this  act  or  of  any 
of  the  component  parts  thereof,  and  to  pre- 
scribe their  respective  ranks,  duties  and 
compensation.  The  salary  or  compensation 
of  any  of  such  members  of  the  said  police 
force  as  are  specified  in  sections  277,  278, 
279  and  280  of  this  act,  as  the  same  is  law- 
fully fixed  at  the  time  this  chapter  takes 
effect  and  Immediately  prior  thereto,  shall 
not  be  decreased.  The  salary  or  compensa- 
tion of  members  of  the  police  force  shall  be 
subject  to  all  fines,  penalties,  forfeitures  and 
deductions  lawfully  imposed  for  cause. 

Police  force;  qaallfieations  of  mem- 
bers. Pablishing  names  ami  resi- 
dence of  applicants  and  appointees. 

Sec.  284.  No  person  shall  ever  be  appointed 
or  reappointed  to  membership  in  the  police 
force  or  continue  to  ho'ld  membership  therein 
who  is  not  a citizen  of  the  United  States 
or  who  has  ever  been  convicted  of  felony,  or 
who  cannot  read  and  write  understandingly 
in  the  English  language,  or  who  shall  not 
have  resided  within  the  state  one  year  next 
preceding  his  appointment,  but  skilled  offi- 
cers of  experience  may  be  appointed  for  de- 
tective duty  who  have  not  resided  as  herein 
required.  No  person  shall  be  appointed 
patrolman  who  shall  be  at  the  date  of  such 
appointment  over  thirty  years  of  age;  nor 
shall  any  person  who  shall  have  been  a mem- 
ber of  the  force  and  have  resigned,  or  have  been 
dismissed  therefrom,  be  reappointed,  except 
upon  the  concurring  vote  of  all  the  members 
comprising  the  board  to  be  taken  by  ayes 
and  noes,  and  recorded  in  the  minutes.  The 
name,  residence  and  occupation  of  each  ap- 
plicant for  appointment  or  reappointment  to 
any  position  in  the  police  department,  as  well 
as  the  name,  residence  and  occupation  of 
each  person  appointed  to  any  position,  shall 
be  published,  and  such  publication  shall,  in 
every  instance,  be  made,  on  the  Saturday 


next  succeeding  such  application,  or  appoint- 
ment, in  the  City  Record. 

Id.;  warrant  of  appointment;  oatli. 

Sec.  285.  Every  member  of  the'^olice  force 
shall  have  issued  to  him,  by  the  police  depart- 
ment, a proper  warrant  of  appointment,  sign- 
ed by  the  president  of  the  police  board  and 
chief  clerk  or  first  deputy  clerk  'of  said  de- 
partment or  of  the  police  board,  which  war- 
rant shall  contain  the  date  of  his  appointment 
and  his  rank.  Each  member  of  the  police^ 
force  shall,  before  entering  upon  the  duties 
of  his  office,  take  an  oath  of  office  and  sub- 
scribe the  same  before  any  officer  of  the  po- 
lice depart’.nent  who  is  empowered  to  ad- 
minister an  oath. 

Id.;  chief  of  police — first  appointment. 

Sec.  286.  The  chief  of  police  first  appointed 
under  this  chapter  shall  be  selected  from  one 
of  the  following  named  members  transferred 
to  the  police  force  by  sections  277  and  278  of 
this  act,  to  wit:  The  chief  of  poiice,  the  su- 
perintendent of  police,  the  deputy  chief  of 
poiice  and  the  deputy  superintendent  of  po- 
lice. 

Id.;  other  olliccrs — fir.st  appointments. 

Sec.  287.  In  making  the  first  appointments 
of  the  other  members  of  the  police  force 
specified  in  section  276  of  this  act,  whose  ap- 
pointment may  be  necessary  to  make  up  the 
full  membership  of  said  force  provided  for 
by  said  section,  three  of  the  deputy  chiefs 
shall  be  selected  from  the  chief  of  police,  the 
superintendent  of  police,  the  deputy  chief  of 
police  and  the  deputy  superintendent  of  po- 
lice, transferred  by  sections  277  and  278  of 
this  act,  and  two  from  the  inspectors  of  the 
respective  police  forces  transferred  by  sec- 
tions  277,  278,  279  and  280  of  this  act;  inspect- 
ors of  police  shall  be  selected  from,  first,  the 
police  inspectors,  and  second,  from  the  captains 
of  police  transferred  as  aforesaid;  the  captains 
of  police  shall  be  selected  from,  first,  the  cap- 
tains, and  second,  from  the  sergeants  of  the 
respective  police  forces  transferred  by  sec- 
tions 277,  278,  279  and  280  of  this  act;  ser- 
geants of  police  shall  be  selected  from,  first, 
the  sergeants,  and  second,  from  the  detec- 
tive sergeants  and  roundsmen  of  the  respec- 
tive police  forces  transferred,  by  sections  277, 
278,  279  and  280  of  this  act. 

Id.;  promotions. 

Sec.  288.  Promotions  of  officers  and  mem- 
bers of  the  police  force  shall  be  made  by  the 
police  board,  as  provided  in  section  304  of  this 
act,  on  grounds  of  seniority,  meritorious  police 
service  and  superior  capacity;  and  shall  be  as 
follows:  Sergeants  of  police  shall  be  selected 
from  among  patrolmen  assigned  to  duty  as 
roundsmen,  as  provided  in  section  292  of  this 
act;  captains  from  among  the  sergeants; 
inspectors  from  among  captains;  deputy 
chiefs  of  police  from  among  inspectors 
and  captains;  and  chief  of  police  from  among 
deputy  chiefs,  inspectors  and  captains,  but  no 
promotion  shall  be  made,  except  in  the  case 
of  a vacancy  in  the  office  of  chief  of  police, 
unless  the  same  is  recommended  by  the  chief 
of  police  in  writing,  stating  his  reasons  for 
such  recommendation.  In  case  of  the  rejec- 
tion of  any  recommendation  for  promotion, 
the  chief  of  j>olice  shall  submit  another  name 
within  three  days,  and  shall  continue  so  to 
do  until  the  vacancy  is  filled. 

Id.;  increase  of. 

Sec.  289.  The  police  board  is  authorized  to  in- 
crease the  police  force  by  adding  to  the  num- 
ber of  patrolmen  from  time  to  time,  provided 
the  board  cf  estimate  and  apportionment  and 
the  municipal  assembly  shall  have  previously 
made  an  appropriation  for  that  express'  pur- 
pose, such  increase  not  to  exceed  one  hundred 
and  fifty  in  any  one  year.  The  board  of  esti- 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


mate  and  apportionment  a»d  the  municipal 
assembly  may  include  in  the  annual  budget 
from  year  to  year,  and  the  controller  shall 
certify,  as  required  by  law,  to  the  nrunicipal 
assembly,  and  the  municipal  assembly  shall 
Include  in  the  annual  tax  levy  an  amount 
sufficient  to  provide  for  the  compensation  of 
the  additional  patrolmen  authorized  to  be  ap- 
pointed pursuant  to  the  provisions  of  this 
section. 

Id.;  Central  otBce  Imrean  of  detectives. 

Sec.  290.  The  police  board  shall  maintain  a 
bureau  which  shall  be  called  the  central  office 
bureau  of  detectives,  and  shall  select  and 
appoint  to  perform  detective  duty  therein  as 
many^^patrolmen  as  said  board  may,  from  time 
to  time,  determine  to  be  necessary  to  make 
that  bureau  efficient.  The  patrolmen  so  se- 
lected and  appointed  shall  be  called  detec- 
tive sergeants,  and  shall  be  assigned  to  duty 
in  that  bureau,  and  while  performing  such  de- 
tective duty  shall  be  vested  with  the  same 
authority  and  be  entitled  to  receive  and  be 
paid  the  same  salary  as  sergeants  of  police 
under  this  chapter,  but  the  police  board 
may  by  order,  reduce  to  the  grade  of  patrol- 
men, and  tran.'fer  such  detective  sergeants  or 
any  of  them  to  perform  patrol  or  other  police 
duty,  and  when  so  transferred  they  shail  only 
be  entitled  to  receive  and  be  paid  the  same 
rate  of  compensation  as  ordinary  patrol- 
men of  the  police  force  under  this  chapter. 
Nothing  in  this  section  shall  be  construed  to 
authorize  the  police  board  to  appoint  any 
additional  patrolmen  in  place  of  said  detec- 
tive sergeants.  The  headquarters  of  said 
ccutral  office  bureau  of  detectives  shall  be  at 
the  police  headquarters  in  the  borough  of 
Manhattan,  and  a branch  office  thereof  shall 
be  maintained  at  the  police  headquarters  in 
the  borough  of  Brooklyn,  and  other  branch 
offices  thereof  may  be  maintained  at  the 
police  headquarters  in  each  of  the  other 
boroughs  into  which  the  city  of  New  York 
is  divided  by  this  'act. 

No  member  of  department  to  be  inter- 
ested In  other  olilce. 

Sec.  291.  Any  police  commissioner,  or  any 
member  of  the  police  force,  who  shall,  after 
qualifying  in  office,  accept  any  additional 
place  of  public  trust  or  civil  emolument,  or 
who  shall  during  his  term  of  office  be  publicly 
nominated  for  any  office  elective  by  the  peo- 
ple, and  shall  not,  within  ten  days  succeeding 
the  same,  publicly  decline  the  said  nomina- 
tion, shall  be  in  either  case  deemed  there- 
by to  have  resigned  his  commission  and  to 
have  vacated  his  office,  and  all  votes  ca.st  at 
any  election  for  any  person  holding  the  office 
of  police  commissioner,  or  within  thirty  days 
after  he  snail  have  resigned  such  office,  shall 
be  void; 

Chief  of  police;  daiies  and  powers. 

Sec.  292.  The  chief  of  police  shall  be  the 
chief  executive  officer  of  the  police  force.  He 
shall  be  chargeable  with  and  responsible  for 
the  execution  of  all  laws  and  the  rules  and 
regulations  of  the  department.  He  shall  as- 
sign to  duty  the  officers  and  members  of  the 
police  force,  and  shall  have  power  to  change 
such  assignments  from  time  to  time  whenever, 
in  his  Judgment,  the  exigencies  of  the  service 
may  require  such  change;  provided,  however, 
that  permanent  assignments  of  patrolmen  to 
duty  as  roundsmen  shall  be  made  by 
the  police  board  on  the  recommenda- 
tion of  the  chief  of  police,  and  in 
case  of  the  rejection  of  any  such  assign- 
ment recommended  by  the  chief  of  police,  he 
shall  within  three  days  submit  another  name 
and  continue  so  to  do  until  a permanent  as- 
signment is  made.  He  shall  have  power 
to  suspend  without  pay,  pending  the  trial 
of  charges,  any  member  of  the  police  force; 


I provided,  however,  that  no  such  suspension 
shall  be  continued  for  a period  of  more  than 
ten  days  without  affirmative  action  to  that  ef- 
fect by  the  police  board.  If  any  member  of 
the  police  force  so  suspended  shall  not  be  con- 
victed by  the  police  board  of  the  charges  so 
preferred,  he  shall  be  entitled  to  full  pay  from 
the  date  of  suspension,  notwithstanding  such 
charges  and  suspension.  Said  chief  of  police 
may  grant  leaves  of  absence  to  members  of 
the  force  for  a period  not  exceeding  five  days. 
He  shall  report  to  the  pol.'ce  board  all  changes 
or  assignments  of  officers  and  all  leaves  of  ab- 
sence granted. 

Id.;  absence  or  disability  of. 

Sec.  293.  In  case  of  the  absence  or  disability 
of  the  chief  of  police  a deputy  chief  of  police 
designated  by  the  police  board,  or  in  case  no 
deputy  chief  is  so  designated,  then  a deputy 
chief  of  police  designated  by  the  chief  of  police 
shall  discharge  all  the  duties  of  chief  of  police; 
or,  in  case  each  deputy  chief  of  police  be  ab- 
sent or  disabled,  or,  for  any  good  cause,  is  not 
arailable  for  such  designation,  then  the  duties 
of  chief  of  police  shall  be  performed  by  one 
of  the  inspectors  of  police  to  be  designated  by 
the  police  board. 

Police  sargeons.  Duties  and  districts. 

Sec.  294.  The  duties  of  the  police  surgeons 
and  the  extent  and  bounds  of  their  districts 
shall  be  assigned,  from  time  to  time,  by  the 
rules  and  regulations  of  the  police  board.  The 
police  board  may,  if  requested  by  the  depart- 
ment of  health,  employ  their  surgeons  to  aid 
the  sanitary  inspectors  in  the  discharge  of 
their  duties,  under  such  regulations  and  or- 
ders as  the  police  board  may  make  and  issue. 
Police  board.  President  and  treasnrer. 

Sec.  295.  The  police  board  shall  appoint  and 
remove  at  pleasure  one  of  their  number  as  the 
president  and  another  of  their  number  as 
treasurer  of  said  board,  and  prescribe  for  and 
assign  to  them  respectively  as  president  and 
treasurer  such  powers  and  duties  as  may  be 
•consistent  with  la,w. 

Id.;  duties  of  tren.surer.  Bond.  Deimfy 

treasnrer. 

Sec.  296.  The  treasurer  of  said  board  shall 
be  the  fiscal  officer  thereof  and  chief  purchas- 
ing agent  of  the  department,  and  shall,  by 
check  and  voucher,  duly  disburse  by  order  of 
the  said  police  board,  all  moneys  belonging 
to  the  police  department  or  police  fund,  and 
shall  deposit  the  same,  when  paid  to  him,  in 
a bank  or  banks  or  trust  company  designated 
by  said  police  board.  The  treasurer  shall, 
within  twenty  days  after  he  shall  have  re- 
ceived notice  of  his  appointment  and  before 
he  shall  enter  upon  the  execution  of  the  duties 
of  his  office,  execute  a bond  in  not  less  than 
the  sum  of  twenty  thousand  dollars,  to  the 
city  of  New  York,  with  two  sufficient  sureties, 
who  shall  each  justify  in  the  sum  of  not  less 
than  twenty  thousand  dollars,  conditioned 
that  he  will  well  and  faithfully  in  all  things 
perform  and  execute  the  office  of  treasurer 
during  his  continuance  in  office,  said  bond  to 
be  approved  by  the  controller  and  filed  in  his 
office.  The  said  treasurer  shall  have  power, 
as  soon  as  may  be  after  he  takes  upon  himself 
the  execution  of  his  office,  to  appoint,  by  and 
with  the  consent  of  the  police  board,-  some 
proper  person,  deputy  treasurer,  to  hold  office 
during  the  pleasure  of  the  treasurer,  and  as 
often  as  a vacancy  shall  occur  in  the  office  of 
such  deputy  treasurer,  or  he  shall  become 
incapable  of  executing  the  same  another  shall, 
in  like  manner  be  appointed  in  his  place.  In 
case  of  the  absence,  inability  or  disability  of 
the  treasurer  to  perform  his  duties  the  said 
deputy  treasurer  shall  have  full  powers  to 
perform  all  the  duties  of  the  treasurer  during 
such  absence,  inability  or  disability.  The 


SI 


I treasurer  shall  be  responsible  for  all  the  act* 
of  the  deputy  treasurer  and  any  default  or 
malfeasance  in  the  office  of  such  deputy  treas- 
urer shall  be  deemed  to  be  a breach  of  the 
condition  in  the  bond  given  by  said  treasurer 
who  appointed  him,  as  herein  provided. 

Id.;  to  pay  salaries  and  discharge 

obligations  of  department. 

Sec.  297.  The  police  board  through  its  treas- 
urer, and  in  pursuance  of  orders,  rules  and 
regulations  of  the  police  board,  shall  pay  all 
salaries  and  wages  to  officers  and  members 
of  the  police  department  and  force,  as  estab- 
lished by  and  in  pursuance  of  law,  and  all 
bills,  claims  and  obligations  lawfully  incurred 
by  or  by  authority  of  said  police  department; 
and  the  controller  shall  pay  over  to  the  treas- 
urer of  the  police  board  on  the  requisition  of 
the  police  board,  the  total  amount  annually 
estimated,  levied,  raised,  and  appropriated  for 
the  support  and  maintenance  of  the  police 
department  and  force,  from  time  to  time, 
and  in  such  sums  as  shall  be  required  (not 
exceeding  one-twelfth  part  of  said  total  an- 
nual amount  in  any  one  month),  and  the 
treasurer  of  the  police  board,  if  required  by  the 
controller,  shall  transmit  to  the  department  of 
finance,  each  month,  duplicate  vouchers  for 
the  payment  of  all  sums  of  money  made  on 
account  of  the  police  department  during  each 
month.  The  police  board  shall  procure  and 
pay  for  all  printing,  books,  blanks,  paper, 
and  other  articles  of  stationery  required  for 
the  administration  and  business  of  the  depart- 
ment and  each  bureau  thereof. 

Id.;  copy  of  minates  wlicn  evitleace. 

Sec.  298.  A copy  of  the  minutes  of  the  po- 
lice board,  or  of  any  part  of  said  minutes, 
or  of  any  order  or  resolution  of  said  board,  or 
of  the  rules  and  regulations  established  by 
said  board,  or  any  or  either  of  them,  when 
certified  by  tb.e  president  of  said  board  and 
the  chief  clerk,  or  first  deputy  clerk  of  said 
board  or  of  said  police  department,  may  bq 
given  in  evidence  upon  any  trial,  investiga- 
tion, hearing  or  proceeding  in  any  court,  or 
before  any  tribunal,  commissioner  or  commis- 
sioners, or  board,  with  the  same  force  and  ef- 
fect as  the  original. 

Salaries  of  officei's  and  member.s  of  tiie 

force. 

Sec.  299.  Except  as  otherwise  provided  in 
sections  283  and  290  of  this  act,  the  annual 
salaries  and  compensation  of  the  officers  and 
members  of  the  police  force  shall  be  as  fol- 
lows, to  wit;  Of  the  chief  of  police,  six  thou- 
sand do-llars;  of  each  deputy  chief  of  police, 
five  thousand  dollars;  of  each  inspector  of 
police,  three  thousand  five  hundred  dollars;  of 
each  captain  of  pwlice,  two  thousand  seven 
hundred  and  fifty  dollars;  of  each  police  sur- 
geon, three  thousand  dollars;  of  each  sergeant 
of  police,  two  thousand  dollars;  of  each  door- 
man, one  thousand  dollars;  of  each  rounds- 
man, one  thousand  five  hundred  dollars;  and 
the  grade  and  pay  or  compensation  of  patrol- 
men or  policemen  shall  be  as  follow's,  to  wit: 
All  such  members  who  ai-e  patrolmen  and 
who  shall  have  served  five  years  cr  upward  on 
said  force,  shall  be  members  of  the  first  grade. 
All  such  members  who  shall  have  served  on 
such  force  for  less  than  five  years  and  more 
than  four  years  and  six  months,  shall  be  mem- 
bers of  the  second  grade.  All  such  members 
who  shall  have  served  on  such  force  for  less 
than  four  years  and  six  months,  and  more  than 
four  years,  shall  be  members  of  the  third 
grade.  All  such  members  who  shall  have 
seirved  on  such  force  for  less  than  tour  years 
and  more  than  three  years,  shall  be  members 
of  the  fourth  grade.  All  such  members  who 
shall  have  served  on  such  force  for  lees  than 
three  years  and  more  than  two  years,  shall 
be  members  of  the  fifth  grade.  All  such  mem» 


82 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


bers  who  shall  have  served  on  such  force  for 
less  than  two  years  and  more  than  one  year, 
shall  be  members  of  the  sixth  grade.  And 
all  persons  appointed  patroln^'^n  on  or  after 
the  first  day  of  January,  eighteen  hundred  and 
ninety-eight,  shall  be  members  of  the  seventh 
grade.  Whenever  any  member  of  the  seventh 
grade  shall  have  done  service  therein  for  one 
year,  he  shall  be  advanced  to  the  sixth  grade. 
Whenever  any  member  of  the  sixth  grade  shall 
have  done  service  therein  for  one  year,  he 
shall  be  advanced  to  the  fifth  grade.  When- 
ever any  member  of  the  fifth  grade  shall  have 
done  service  therein  for  one  year,  he  shall 
be  advanced  to  the  fourth  grade.  Whenever 
any  member  of  the  fourth  grade  shall  have 
done  service  therein  for  one  year,  he  shall  be 
advanced  to  the  third  grade.  Whenever  any 
member  of  the  third  grade  shall  have  done 
service  therein  for  six  months,  he  shall  be 
advanced  to  the  second  grade.  And  any  mem- 
ber of  said  force  who  shall  have  served  six 
months  in  the  second  grade,  shall  become  a 
member  of  the  first  grade.  But  no  such  patrol- 
man shall  bo  so  advanced  as  aforesaid,  except 
after  examination  and  approval  by  the  police 
boai'd  of  his  record,  efliciency  and  conduct. 
The  annual  pay  or  compensation  of  the  mem- 
bers of  the  police  force  who  are  patrolmen,  as 
aforesaid,  shall  be  as  follows:  For  members 
of  the  first  grade,  at  the  rate  of  not  less 
than  one  thousand  four  hundred  dollars  each; 
for  members  of  the  second  grade,  at  the 
rate  of  not  less  than  one  thousand  three  hun- 
dred and  fifty  dollars  each;  for  members  of 
the  third  grade,  at  the  rate  of  no't  less  than 
one  thousand  two  hundred  and  fifty  dollars 
each;  for  members  of  the  fourth  grade,  at  the 
rate  of  not  less  than  one  thousand  one  hun- 
dred and  fifty  dollars  each;  for  members  of 
the  fifth  grade,  at  the  rate  of  not  less  than 
one  thousand  dollars  each;  for  members  of 
the  sixth  grade,  at  the  rate  of  not  less  than 
Bine  hundred  dollars  each;  for  members  of 
the  seventh  grade,  at  the  rate  of  not  less 
than  eight  hundred  dollars  each.  The  pay  or 
compensation  aforesaid  shall  be  paid  monthly 
to  each  person  entitled  thereto,  subject  to 
such  deductions  for  or  on  account  of  lost 
time,  sickness,  disability,  absence,  fines  or 
forfeitures,  as  the  police  department  may,  by 
rules  and  regulations,  from  time  to  time  pre- 
scribe or  adopt. 

Nothing  in  this  section  contained  shall  be 
construed  to  change  in  any  way  the  salaries 
or  grading,  present  or  prospective,  of  the 
patrolmen  or  policemen  who  are  or  become 
members  of  the  New  York  police  force  prior 
to  January  first,  eighteen  hundred  and  nine- 
ty-eight. 

All  other  patrolmen  or  policemen  of  the  va- 
rious police  forces  consolidated  into  a single 
force  by  the  provisions  of  this  act,  shall  be- 
long, so  far  as  pay  or  compensaition  is  con- 
cerned, to  the  grade  indicated  by  the  pay  or 
compensation  which  they  are  respectively  re- 
ceiving on  January  first,  eighteen  hundred  and 
ninety-eight.  But  nothing  in  this  section  con- 
tained shall  be  construed  to  affect  in  any 
other  way  the  rights  and  privileges  secured 
under  the  provisions  of  this  act  to  the  mem- 
bers of  the  various  police  forces  consolidated 
Into  a single  force  by  this  act. 

The  date  for  the  eligibility  of  any  member 
Of  the  forces  transferred  to  the  consolidated 
force  by  sections  277,  278,  279  and  280  of  this 
act  for  advancement  to  the  next  grade,  shall 
be  the  day  of  the  year  on  which  he  was  orig- 
inally appointed  to  the  force  from  which  he 
was  transferred;  and  any  member  of  the 
forces  so  transferred  not  a member  of  the 
New  York  police  force  prior  to  January  first, 
eighteen  hundred  and  ninety-eight,  whose 
salary  falls  between  two  grades,  shall  receive 
the  salary  of  and  be  assigned  to  the  grade 


next  above  the  salary  he  is  receiving  at  the 
time  of  transfer. 

Salaries  of  all  officers  in  the  forces  so  trans- 
ferred, other  than  officers  in  the  New  York 
police  prior  to  January  1,  1898,  shall  be  equal- 
ized on  the  same  basis.  If  the  difference  in 
pay  is  not  more  than  $50  the  pay  shall  be  equal- 
ized at  once.  If  the  difference  is  more  than 
$50  the  pay  shall  be  made  uniform  within  three 
years  by  equal  annual  additions. 

Police  board;  rules,  etc.,  for  s’overn- 

ment  and  discii»line  of  police  depart- 
ment and  ijoiice  force  dismissals. 

Sec.  300.  The  police  board  is  authorized  and 
empowered  to  make,  adopt  and  enforce  rules, 
orders  and  regulations  for  the  government, 
discipline,  administration  and  disposition  of 
the  police  department  and  police  force  and  the 
members  thereof.  It  shall  have  power  and  is 
authorizld  to  adopt  rules  and  regulations  for 
the  examination,  hearing,  investigation  and 
determination  of  charges  made  or  preferred 
against  any  member  or  members  of  the  said 
police  force,  but  no  member  or  members  of 
the  police  force  except  as  otherwise  provided 
in  this  chapter  shall  be  fined,  reprimanded,  re- 
moved, suspended  or  dismissed  from  the  po- 
lice force  until  written  charges  shall  have 
been  made  or  preferred  against  him  or  them, 
nor  until  such  charges  have  been  examined, 
heard  and  investigated  before  one  or  more 
members  of  said  board,  upon  such  reasonable 
notice  to  the  member  or  members  charged,  and 
in  such  manner  of  procedure,  practice,  ex- 
amination and  investigation  as  the  said  board 
may,  by  rules  and  regulations,  from  time  to 
time  prescribe..  Such  rules  and  regulations 
shall  as  nearly  as  may  be  provide  that  where 
a charge  is  preferred  against  any  member 
of  the  police  force  the  investigation  of  such 
charge  and  the  taking  of  testimony  with  ref- 
erence thereto  shall  be  at  police  headquarters 
in  the  borough  within  which  the  accused  mem- 
ber was  serving  at  the  time  the  charge  was 
preferred.  In  all  cases  *where  the  offense 
charged  is  punishable  by  fine,  the  case  may 
be  fully  and  finally  dispO’sed  of  by  one  com- 
missioner. Any  inember  of  the  police  force 
who  may  hereafter  become  insane  or  of  un- 
sound mind,  so  as  to  be  unable  or  unfit  to  per- 
form full  police  service  or  duty,  may  be  re- 
moved and  dismissed  from  the  police  force  by 
the  board.  The  police  board  may,  by  a unani- 
mous vote  of  the  board,  or  by  a vote  of  a 
majority  of  its  members,  with  the  approval 
of  the  mayor,  retire  the  chief  of  police  or  any 
deputy  chief. 

Police  commissioners,  etc.,  may  issne 

subpenas;  who  may  administer  oaths 

Sec.  301.  Either  of  the  police  commissioners 
shall  have  power  to  issue  subpenas  attested 
in  the  name  of  the  president  of  the  police 
board,  and  to  exact  and  compel  obedience  to 
any  order,  subpena  or  mandate  issued  by 
them,  and  to-that  end  may  institute  and  pros- 
ecute any  proceedings  or  action  authorized  by 
law  in  such  cases.  They  or  either  of  them 
may  in  proper  oases  issue  subpenas  duces 
tecum.  Said  board  may  devise,  make  and  is- 
sue process  and  forms  of  proceeding^  to 
carry  into  effect  any  powers  or  jurisdiction 
possessed  by  them.  Each  of  the  police  com- 
missioners, the  chief  of  police,  each  deputy 
chief  of  police,  the  chief  clerk  and  first  deputy 
clerk  of  said  police  board  or  police  department 
are  hereby  authorized  and  empowered  to  ad- 
minister oaths  and  affirmations  in  the  usual 
or  appropriate  forms,  to  any  person  in  any 
matter  or  proceedings  authorized  as  aforesaid, 
and  in  all  matters  pertaining  to  the  police 
department  or  the  duties  of  any  officer  or 
other  person  in  matters  of  or  connected  with 


said  department,  and  to  administer  oaths  of 
office  which  may  be  taken  or  required  in  the 
administration  of  affairs  of  said  department, 
and  to  take  and  administer  oaths  and  affirma- 
tions, in  the  usual  or  appropriate  forms,  in 
taking  any  affidavit  or  deposition  which  may 
be  necessary  or  required  by  law  or  by  any 
order,  rule,  or  regulation  of  the  police  board, 
for  or  in  connection  with  the  official  purposes, 
affairs,  powers,  duties  or  proceedings  of  said 
police  department,  or  of  said  police  board,  or 
of  any  police  commissioner,  or  member  of  the 
police  force,  or  any  official  purpose  lawfully 
authorized  by  said  board.  Any  person  mak- 
ing a complaint  that  a felony  or  misdemeanor 
has  been  committed  may  be  required  to  make 
oath  or  affirmation  thereto,  and  for  this  pur- 
pose a police  commissioner,  the  chief  of  po- 
lice, the  deputy  chiefs  of  police,  the  chief 
clerk  or  deputy  clerks  of  the  police  depart- 
ment or  pollc'e  board,  the  Inspectors,  captains 
and  sergeants,  of  police  shall  have  power  to 
administer  oaths  and  affirmaitions. 

Police  board;  pani.sliments  by;  llmifa- 

fion  of  suits  for  reiiistateiueuts,  etc. 

Sec.  302.  The  police  board  shall  have  power, 
in  its  discretion,  on  conviction  by  it  or 
by  any  court  or  officer  of  competent  jurisdic- 
tion, of  a member  of  the  force  of  any 
criminal  offense,  or  neglect  of  duty,  viola- 
tion of  rules,  or  neglect  or  disobedience  of  or- 
ders, or  absence  without  leave,  or  any  conduct 
injurious  to  the  public  peace  or  welfare,  or 
immoral  conduct,  or  conduct  unbecoming  an 
officer,  or  any  breach  of  discipline,  to  punish 
the  offending  party  by  reprimand,  forfeiting 
and  withholding  pay  for  a specified  time,  sus- 
pension, without  pay  during  such  suspension,  or 
by  dismissal  from  the  force;  but  fio  more  than 
thirty  days’  pay  or  salary  shall  be  forfeited  or 
deducted  for  any  offense.  All  such  forfeitures 
shall  be  paid  forthwith  to  the  treasurer  of  the 
department  to  the  account  of  the  police  pen- 
sion fund.  The  police  board  is  also  authorized 
and  empowered,  in  its  discretion,  to  deduct 
and  withhold  pay,  salary  or  compensation  from 
any  member  or  members  of  the  police  force,  for 
or  on  account  of  absence  for  any  cause 
without  leave,  lost  time,  sickness  or  other 
disability,  physical  or  mental;  provided,  how- 
ever, that  the  pay,  salary,  or  compensation  so 
deducted  and  withheld  shall  not,  except  in 
case  of  absence  without  leave,  exceed  one-half 
thereof  for  the  period  of  such  absence,  any 
act  or  law  to  the  contrary  notwithstanding; 
and  said  police  board  is  authorized  and  em- 
powered from  time  to  time  to  make  and  pre- 
scribe rules  and  regulations  to  carry  into  ef- 
fect and  enforce  the  provisions  of  this  sec- 
tion. No  action,  suit  or  proceeding,  either 
at  law  or  in  equity,  shall  be  commenced  or 
maintained  against  the  police  department,  or 
any  member  thereof,  or  against  the  police 
board,  police  commissioners  or  either  of  them, 
or  against  the  city  of  New  York  by  any  mem- 
ber or  officer,  or  former  member  or  officer  of  or 
belonging  to  the  police  force  or  department  of 
said  city  to  recover  or  compel  the  payment 
of  any  salary,  pay,  money  or  compensation  for 
or  on  account  of  any  service  or  duty,  or  to  re- 
cover any  salary,  compensation  or  moneys,  or 
any  part  thereof  forfeited,  deducted  or  with- 
held for  any  cause,  or  to  restore  or  rein- 
state to  the  police  force  or  department  any 
member  or  officer  thereof,  unless  such  action, 
suit,  or  proceeding  shall  be  commenced  with- 
in two  years  after  the  cause  of  action  shall 
have  accrued;  provided  that  causes  of  action 
or  proceedings  which  shall  have  heretofore 
accrued  may  be  begun  or  brought  within  six 
years  after  the  same  shall  have  accrued  and 
within  two  years  after  the  passage  of  this  act; 
but  nothing  in  this  section  contained  shall  be 
construed  or  held  to  extend  the  time  in  which 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK, 


3.3 


causes  of  action  or  proceedings  wliich  shall 
have  heretofore  accrued  must  be  brought. 

Police  force;  resisnations  and  ab-N 
sences  on  leave. 

Sec.  303.  No  member  of  the  police  force, 
under  penalty  of  forfeiting  the  salary  or  pay 
which  may  be  due  bim,  shall  withdraw  or  re^ 
sign,  except  by  permission  of  the  police  board. 
Absence  without  leave  of  any  member  of  the 
police  force  for  five  consecutive  days  shall  be 
deemed  and  held  to  be  a resignation,  and  the 
member  so  absent  shall,  at  the  expiration  of 
said  period  cease  to  be  a member  of  “the  police 
force  and  be  dismissed  tberefrom  without  no- 
tice. No  leave  of  absence  exceeding  twenty 
days  in  any  one  year  shall  hereafter  be  grant- 
ed o-r  allowed  to  any  member  of  the  police 
force,  except  upon  the  condition  that  sucb 
member  shall  waive  and  release  not  less  than 
one-half  of  all  salary,  pay  or  compensation 
end  claim  thereto,  or  any  part  thereof,  during 
sucb  absence. 

Id.;  regmlations  of  civil  service  com- 
missioners. 

Sec.  304.  The  civil  service  commissioners 
sha.il  prescribe  such  regulations  for  tbe  ad- 
mission of  persons  into  the  police  force  and 
into  the  service  of  the  police  department  as 
may  best  promote  the  efiBciency  thereof,  and 
ascertain  the  fitness  of  candidates  in  respect 
to  character,  knowledge  and  ability  for  tbe  po- 
lice force.  Tbe  regulations  so  to  be  prescribed 
tball,  among  other  things,  be  in  furtherance  of 
the  folio-wing  provisions: 

1.  For  open,  competitive  examinations  for 
testing  the  fitness  of  applicants  for  the 
police  force.  Such  examinations  shall  be 
practical  in  their  character,  and,  so  far  as 
may  be,  shall  relate  to  those  matters  which 
will  fairly  test  the  relative  capacity  and  fit- 
ness of  the  persons  examined  to  discharge 
the  duties  of  that  service  into  which  they 
seek  to  be  appointed. 

2.  All  offices,  places  and  employment  so 
arranged  or  to  be  arranged  In  classes  shall 
be  filled  by  selection  from  among  those 
graded  highest  as  the  result  of  said  competi- 
tive examinations;  provided,  however,  that 
the  said  board  shall  not  be  required  to  ap- 
poiDt  from,  but  may  in  their  discretion, 
ignore  those  who  have  heretofore  been  re- 
ported or  decided  to  be  eligible  for  appoint- 
ment. 

3.  There  shall  he  a period  of  probation 
before  any  absolute  appointment  or  em- 
ployment in  the  police  force. 

4.  Promotions  from  the  lower  grades  to 
the  higher  grades  shall  be  on  the  basis  of 
seniority  of  merit,  and  of  excellence,  as 
shovm  by  competitive  examination.  The 
police  board  shall  transmit  to  the  civil  serv- 
ice commission  the  record  of  each  oandidate 
for  promotion. 

5.  There  shall  be  non-competitive  exami- 
nation wffiere,  after  due  efforts  by  previous 
public  advertisement  or  otherwise,  competi- 
tion may  be  found  not  to  be  practicable. 

Police  board;  rewards  to  informers. 

Sec.  305.  The  police  board  shall  have  au- 
thority to  offer  rewards  to  induce  all  classes 
of  persons  to  give  information  which  shall 
lead  to  the  detection,  arres:  and  conviction 
of  persons  guilty  of  homicide,  arson  or  re- 
ceiving stolen  goods,  knowing  them  to  be 
stolen;  and  to  pay  such  rewards  to  such  per- 
sons a«  shall  give  such  information.  But  no 
such  reward  shall  he  offered  unless  there  be 
an  unexpended  appropriation  therefor  made 
by  the  board  of  estimate  and  apportionment, 
which  shall  make  the  necessary  appropria- 
tion for  such  purpose. 

Police  force;  gratnitlen  and  political 
contrlbntions  forbidden;  may  be  per- 
mitted to  retain  rewarils. 

Sec.  306.  No  member  of  the  police  force  ox 


employe  of  the  police  department  shall,  under 
any  pretense  whatsoever,  share  in,  for  his  own 
benefit,  any  present,  fee,  gift  or  emolument 
for  police  services,  or  for  services  of  the  police 
department  or  any  member  thereof,  addi- 
tional to  his  regular  salary,  pay  or  compensa- 
tion. The  police  board,  for  meritorious  and 
extraordinary  services  rendered  by  any  mem- 
ber of  the  police  force  in  due  discharge  of  his 
duty,  may  permit  such  member  of  the  police 
force  to  retain  for  his  own  benefit  any  reward 
or  present,  or  some  part  thereof,  tendered  him 
therefor;  and  it  shall  be  cause  for  removal  from 
the  police  force  for  any  member  thereof  to  re- 
ceive any  such  reward  o-r  present  without  no- 
tice thereof  to  the  police  board.  Upon  re- 
ceiving said  notice,  the  police  board  may  either 
order  the  said  member  to  retain  the  same,  or 
shall  dispose  of  it  for  the  benefit  of  the  police 
pension  fund.  No  person  in  the  police  force 
shall  be  permitted  to  contribute  any  moneys 
directly  or  indirectly  to  any  political  fund  or 
to  join  or  be  or  become  a member  of  any 
political  club  or  association,  or  any  club  or 
association,  intended  to  affect  legislation  for 
or  on  behalf  of  the  police  department  or  any 
member  thereof,  or  to  contribute  any  funds 
for  such  purpose. 

Id.;  detail  of  policemen  at  polls. 

Sec.  307.  It  shall  be  the  duty  of  the  chief  of 
police  to  detail,  or  to  cause  to  be  detailed 
on  election  day,  at  least  two  patrolmen  at 
each  election  poll.  It  shall  be  the  duty  of  the 
police  force,  or  any  member  thereof,  to  pre- 
vent any  booth,  or  box,  or  structure  for  the 
distribution  of  tickets  at  any  election  from 
being  erected  or  maintained  within  one  hun- 
dred and  fifty  feet  of  any  polling  place  within 
the  city,  and  summarily  to  remove  any  such 
booth,  box  or  structure,  or  to  close  and  prevent 
the  use  thereof. 

Id.:  special  patrolmen;  when  may  be 

appointed;  military  assistance. 

Sec.  308.  The  police  board  may,  upon  an 
emergency  or  apprehension  of  riot,  tumult, 
mob,  insurrection,  pestilence  or  invasion,  ap- 
point as  many  special  patrolmen  without  pay 
from  among  the  citizens  as  it  may  deem  de- 
sirable. The  mayor,  or,  in  case  of  his  failure 
so  to  do,  the  governor  may  demand  the  as- 
sistance of  the  militia  of  the  state  within  the 
city,  or  of  any  brigade,  regiment  or  company 
'thereof,  by  order  in  writing  served  upon  the 
commanding  officer  of  any  brigade  and  such 
commanding  officer  shall  obey  such  order. 
Special  patrolmen,  appointed  in  pursuance 
of  law,  may  he  dismissed  by  order  of  the 
police  hoard;  and  while  acting  as  such  spe- 
cial patrolmen  shall  possess  the  powers,  per- 
form the  duties  and  be  subject  to  the  orders, 
rules  and  regulations  of  the  police  depart- 
ment in  the  same  manner  as  regular  patrol- 
men. Every  such  special  patrolman  shall 
wear  a badge,  to  be  prescribed  and  fur- 
nished by  the  police  board.  No  transfer,  de- 
tail or  assignment  to  special  duty  of  any 
member  of  the  police  force,  except  in  cases 
authorized  or  required  by  law,  shall  here- 
after be  made  or  continued,  except  for  police 
reasons  and  in  the  interests  of  police  serv- 
ice; provided,  however,  that  the  chief  of 
police  may,  whenever  the  exigencies  of  Ac 
case  require  it,  make  detail  to  special 
duty  for  a period  not  exceeding  three 
days,  at  the  expiration  of  which  the 
member  or  members  so  detailed  shall 
report  for  duty  to  the  officer  of  the 
command  from  which  the  detail  was  mad-e. 
The  police  board,  whenever  expedient,  may 
on  the  application  of  any  person  or  persons, 
corporation  or  corporations,  showing  the 
necessity  therefor,  detail  regular  pauolmen 
of  the  police  force,  or  appoint  and  swear  any 
number  of  special  patrolmen  to  do  special 
duty  at  any  place  in  the  city  of  New  York 
upon  the  persons  or  persons,  corporation  or 


corporations  by  wlioin  the  application  shall 
be  made,  paying,  in  advance,  such  regular 
or  special  patrolmen  for  their  services,  and 
upon  such  regular  or  special  patrolmen,  in 
consideration  of  their  appointment,  slgiiing 
an  agreement  in  writing  releasing  and  waiv- 
ing all  claim  whatever  against  the  police  de- 
partment and  the  city  of  New'  York  for  pay, 
salary  or  compensation  for  their  services  and 
tor  all  expenses  connected  therewith;  regular 
patrolmen  so  detailed  shall  be  paid  at  the 
same  rate  as  provided  for  patrolmen  in  this 
act;  but  the  regular  or  special  patrolmen  so 
appointed  shall  be  subject  to  the  orders  of 
the  chief  of  police  and  shall  obey  the  rules 
an(I  regulations  of  the  police  department  and 
conform  to  its  general  discipline  and  to  such 
special  regulations  as  may  be  made  and 
shall  w'ear  such  dress  or  emblefns  as  the 
department  may  direct,  and  .^all  during 
the  term  of  their  holding  appointment  pos- 
se.ss  all  the  pow'ers  and  discharge  al!  the 
duties  of  the  police  force,  applica.ble  to  regu- 
lar patrolmen.  The  special  patrolmen  so 
appointed  may  be  removed  at  any  time  by 
the  police  board  without  assigning  cause 
therefor,  and  nothing  in  this  section  con- 
tained shall  be  construed  to  constitute  such 
special  patrolmen  members  of  the  police 
force,  or  to  entitle  them  to  the  privilege  of 
the  regular  members  of  the  force,  or  to  re- 
ceive any  salary,  pay,  compensation  or 
moneys  whatever  from  the  said  police  de- 
partment or  the  city  of  New  York,  or  to 
share  in  the  police  pension  fund. 

Police  T)oar«l;  detail  persons  to  attend 

courts. 

Sec.  309.  It  shall  he  the  duty  of  the  police 
board  to  cause  some  intelligent  and  experi- 
enced person  connected  with  the  police  force 
to  attend  at  the  courts  of  the  city  in  cases 
where  there  is  need  of  such  assistance,  who 
shall,  to  such  extent  as  the  rules  of  the 
board  of  magistrates  may  loasonably  require, 
aid  in  bringing  tbe  facts  before  the  magis- 
trates in  proceedings  pending  in  such  police 
courts. 

Police  department  to  co-operate  witli 

department  of  healtli. 

Sec.  310.  It  shall  be  the  duty  of  the  police 
department  (and  of  its  officers  and  men,  as 
said  police  board  shall  direct)  to  pro-mptly 
advise  the  department  of  health  of  all 
threatened  danger  to  human  life  and  health, 
and  of  all  matters  thought  to  demand  its 
attention,  and  to  regularly  report  to  said  de- 
partment of  health  all  violations  of  its  rules 
and  ordinances,  and  of  the  health  laws,  and 
all  useful  sanitary  information.  Said  de- 
partment shall,  so  far  as  practicable  and  ap- 
propriate, co-operate  for  the  promotion  of  the 
public  health  and  the  safety  of  human  life  in 
said  city.  It  shall  be  the  duty  of  said  police 
department,  by  and  through  its  proper  offi- 
cers, agents  and  men,  to  faithfully  and  at 
the  proper  time  enforce  and  execute  the  sani- 
tary rules  and  regulations,  and  the  orders  of 
said  department  of  health  (made  pursuant  to 
the  power  of  said  department  of  health),  upon 
the  same  being  received  in  writing  and  duly 
authenticated  as  said  department  of  health 
may  direct.  Said  police  department  au- 
thorized to  emijloy  and  use  the  appropriate 
persons  and  means,  and  to  make  the  necessary 
expenditures  for  the  execution  and  enforce- 
ment of  said  rules,  orders,  and  regulations, 
and  such  expenditures,  so  far  as  the  same 
may  not  be  refunded  or  compensated  by  the 
means  herein  elsewhere  provided,  shall  be 
paid  as  tbe  other  expenses  of  said  department 
of  health  are  paid.  In  and  about  the  exe- 
cution of  any  order  of  the  department  of 
health,  or  of  the  police  department  made 
pursuant  thereto,  police  officers  and  i -lice- 
men  shail  have  as  ample  power  and  authority 


84  THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


as  when  obeying  any  order  ot  or  law  applicable 
to  the  police  departP’''  ' ' ^r  as  if  acting 
under  a special  warrant  of  a justice  or  judge, 
duly  issued;  but  for  their  conduct  they  shall 
be  responsible  to  the  police  department  and 
not  to  the  department  of  health.  The  depart- 
ment of  healtti  may,  with  the  consent  of  the 
police  department,  impose  any  portion  of  the 
duties  of  subordinates  in  said  department 
upon  subordinates  in  the  police  department. 

Police  force;  arrests  for  violation  of 

licaltli  laws. 

Sec.  311.  Any  member  of  the  police  force 
may  arrest  without  warran't  any  person  who 
shall,  in  view  of  suen  memoer,  violate,  or 
do,  or  be  engaged  in  doing  or  commiDting  in 
said  city,  any  act  or  thing  forbidden  by  chap- 
ter XIX  oif  this  act,  or  by  any  law  or  by  any 
ordinance  the  authority  to  enact  which  is  giv- 
en by  this  act  or  any  other  statute  or  who 
shall,  in  such  presence,  resist  or  be  engaged 
in  resisting  the  lawful  enforcement  of  any 
such  law  or  ordinance  or  any  official  order 
made  pursuant  to  any  statute  of  this  state. 
And  any  person  so  arrested  shall  thereafter 
be  treated,  disposed  of  and  punished  as  any 
ether  person  duly  arrested  for  a misdemean- 
or unless  other  provision  is  made  for  the  case 
by  law. 

Id.;  detail  of  ofHcers  and  men  to  assist 

department  of  liealtli. 

Sec.  312.  The  police  board,  upon  the  requi- 
sition of  the  hoard  of  health,  shall  detail  to 
the  service  of  the  said  department  of  health 
for  the  purpose  of  the  enforcement  of  the  pro- 
visions of  the  sanitary  code,  and  of  the  acts 
relating  to  tenement  and  lodging  houses,  not 
less  than  fifty  nor  more  than  one  hundred 
suitable  officers  and  men  of  experience  of  at 
least  five  years’  service  in  the  police  force, 
provided  that  the  department  of  health  shall 
pay  monthly  to  the  police  department  a sum 
equal  to  the  pay  of  all  officers  and  men  so 
detailed.  At  least  thirty  of  the  officers  and 
men  so  detailed  shall  be  employed  exclusively 
in  the  enforcement  of  the  laws  relating  to 
tenement  and  lodging  houses.  These  officers 
and  men  shall  'belong  to  the  sanitary  com- 
pany of  police,  and  shall  report  to  the  board 
of  health.  The  board  of  health  may  report 
back  to  the  police  department  for  punishment 
any  member  of  said  company  guilty  of  any 
breach  of  order  or  discipline,  or  of  neglect- 
ing his  duty,«Eund  thereupon  the  police  hoard 
shall  detail  another  officer  or  man  in  his  place, 
end  the  discipline  of  the  said  members  of  the 
sanitary  company  shall  he  in  the  jurisdiction 
of  the  police  department,  but  at  any  time  the 
board  of  health  may  object  to  any  member 
of  said  sanitary  company  on  the  ground  of 
inefficiency,  and  thereupon  another  officer  or 
man  shall  be  detailed  in  his  place. 

Id.;  detail  of  officers  aiifl  men  to  assist 

tUe  department  of  public  parks. 

Sec.  313.  The  police  board,  upon  the  requi- 
sition of  either  of  the  commissioners  of  parks, 
shall  from  time  to  time  detail  to  the  service 
of  the  department  ol  parks  in  the  borough  or 
boroughs  under  the  charge  of  such  commis- 
sioner, for  the  enforcement  of  the  park  or- 
dirances  and  for  tne  maintenance  of  good  or- 
der in  the  parks,  so  many  suitable  officers 
and  men  as  in  the  judgment  of  the  police  de- 
partment ■ are  necessary.  Such  officers  and 
men  shall  continue  to  be  in  all  respects  an  in- 
tegral part  of  the  police  force  of  the  city  and 
shall  be  paid  cut  of  the  funds  appropriated 
for  the  support  of  the  police  department. 
These  officers  and  men  shall  con^ltute  the 
park  police  so  long  as  their  detail  lasts,  and 
shall  report  to  the  park  commissioner  in 
charge  of  the  parks  in  which  they  serve.  Each 
commissioner  of  parks  may  report  back  to 
the  police  department  for  punishment  any 
member  of  said  parK  police  force  guilty  of  any 


breach  of  orders  or  discipline,  or  of  neglecting 
his  duty,  and  thereupon  the  police  department 
may  detail  another  officer  or  man  in  his  place, 
and  the  discipline  of  the  said  members  of 
the  park  police  shall  be  in  the  jurisdiction 
of  the  police  department,  but  at  any  time 
either  commissioner  of  parks  may  object  to 
the  inefficiency  of  any  member  of  said  park  po- 
lice serving  in  any  park  under  his  charge  and 
thereupon  another  officer  or  man  may  be  de- 
tailed in  his  place. 

Iff.;  detail  of  officers  ami  men  to  assist 

tlie  ffepartmoiit  of  bridges. 

Sec.  314.  The  police  board,  upon  the  re- 
quisition of  the  commissioner  of  bridges  shall 
from  time  to  time  detail  to  the  service  of 
the  department  of  bridges  for  the  enforce- 
ment of  the  ordinances  regulating  travel  over 
any  of  the  bridges  and  for  the  maintenance  of 
good  order  thereon,  so  many  suitable  officers 
and  men  as  in  the  judgment  of  the  police 
department  are  necessary.  Such  officers  and 
men  shall  continue  to  be  in  all  respects  an 
integral  part  of  the  police  force  of  the  city 
and  shall  be  paid  out  of  the  funds  appropri- 
ated for  the  support  of  the  police  depart- 
ment. These  officers  and  men  shall  consti- 
tute the  bridge  police  so  long  as  their  de- 
tail lasts,  and  shall  report  to  the  commission- 
er of  bridges.  The  commissioner  of  bridges 
may  report  back  to  the  police  department  for 
punishment  any  member  of  said  bridge  police 
force  guilty  of  any  breach  of  orders  or  dis- 
cipline, or  of  neglecting  his  duty,  and  there- 
upon the  police  department  may  detail  another 
officer  or  man  in  his  place,  and  the  discipline 
of  the  said  members  of  the  bridge  police  shall 
be  in  the  jurisdiction  of  the  police  depart- 
ment, but  at  any  time  the  commissioner  of 
bridges  may  object  to  the  inefficiency  of  any 
member  of  said  bridge  police  and  thereupon 
another  officer  or  man  may  be  detailed  in  his 
place. 

Iff.;  ffnties  of. 

Sec.  315.  It  is  hereby  made  the  duty  of  the 
police  department  and  force,  at  all  times  of 
day  and  night,  and  the  members  of  such 
torce  are  hereby  thereunto  empow'ered  to  es- 
pecially preserve  the  public  peace,  prevent 
crime,  detect  and  arrest  offenders,  suppress 
riots,  mobs  and  insurrections,  disperse  un- 
lawful or  dangerous  assemblages  and  assem- 
blages wbich  obstruct  the  free  passage  of 
public  streets,  sidewalks,  parks  and  places; 
protect  the  rights  of  persons  and  propercy, 
guard  the  public  health,  preserve  order  at 
elections  and  all  public  meetings  and  assem- 
blages; regulate  the  movement  of  teams  and 
vehicles  in  streets,  bridges,  squares,  parks 
and  public  places  and  remove  all  nuisances  in 
the  pubirc  streets,  parks  and  highways;  ar- 
rest all  street  mendicants  and  beggars,  provide 
proper  police  attendance  at  fires,  assist,  ad- 
vise and  protect  emigrants,  strangers  and 
travelers  in  public  streets,  at  steamboat  and 
ship  landings  and  at  railroad  stations;  care- 
fully observe  and.  inspect  all  places  of  public 
amusement,  all  places  of  business  having  ex- 
cise or  other  licenses  to  carry  on  any  busi- 
ness; all  houses  of  ill  fame  or  prostitution 
and  houses  where  common  prostitutes  resort 
or  reside;  all  lottery  offices,  policy  shops  and 
places  where  lottery  tickets  or  lottery  poli- 
cies are  sold  or  offered  for  sale;  all  gambling 
houses,  cock  pits,  rat  pits  and  public  common 
dance  houses,  and  to  repress  and  restrain  all 
unlawful  and  disorderly  conduct  or  practices 
therein;  enforce  and  prevent  the  violation  of 
all  laws  and  ordinances  in  force  in  said  city; 
and  for  these  purposes  to  arrest  all  persons 
guilty  of  violating  any  law  or  ordinance  for 
the  suppression  or  punishment  of  crimes  or 
offenses. 

Iff.;  general  powers  over  certain  trades 

Sec.  316.  The  chief  of  police  and  each  deputy 


chief  of  police,  and  each  inspector  in  his  dis- 
trict, and  each  captain  of  police  within  his 
precinct,  shall  possess  powers  of  general  po- 
lice supervision  and  inspection  over  all  li- 
censed or  unlicensed  pawnbrokers,  venders, 
junk  shop  keepers,  junk  boatmen,  cartmen, 
dealers  in  second  hand  merchandise,  intelli- 
gence office  keepers  and  auctioneers  within 
the  said  city;  and  in  the  exercise  of 
said  supervision  may  from  time  to 
time  empower  members  of  the  police 
force  to  fulfil  such  special  duties  in  the  afore- 
said premises  as  may  be  from  time  to  time 
ordained  by  the  police  hoard.  The  said  chief 
of  police  and  each  deputy  chief  of  police, 
and  each  inspector  in  his  district  and  each 
captain  within  his  precinct  may,  by  authority 
in  writing,  empower  any  member  of  the  po- 
lice force,  whenever  such  member  shall  be  in 
search  of  property  feloniously  obtained,  or 
in  search  of  suspected  offenders,  or  evidence 
to  convict  any  person  charged  with  crime,  to 
examine  the  books  of  any  pawnbroker  or  his 
business  premises,  or  the  business  premises 
of  any  licensed  vender,  or  licensed  junk  shop 
keeper,  or  dealer  in  second  hand  merchandise, 
or  intelligence  office  keeper,  or  auctioneer,  or 
boat  of  any  junk  boatman.  Any  such  member 
of  the  police,  when  thereto  authorized  in 
writing  by  the  said  chief,  shall  be  authorized 
to  examine  property  alleged  to  be  pawned, 
pledged,  deposited,  lost  or  stolen,  in  whose- 
soever possession  said  property  may  be;  but 
no  such  property  shall  be  taken  from  the  pos- 
sessor thereof  without  due  process  or  author- 
ity of  law. 

Id.;  may  examine  pawnbrokers’  books. 

Sec.  317.  The  chief  of  police,  deputy  chiefs 
of  police,  inspectors  of  police  and  captains  of 
police  and  persons  acting  by  their,  or  by 
either  of  their  orders,  shall  have  power  to 
examine  the  books  of  any  pawnbroker,  his 
clerk  or  clerks,  if  they  deem  it  necessary, 
when  in  search  of  stolen  property,  and  any 
person  having  in  his  possession  a pawnbrok- 
er’s ticket  shall,  when  accompanied  by  a po- 
liceman, or  by  an  order  from  the  chief  of  po- 
lice, or  a deputy  chief  of  police,  or  an  inspector 
of  police,  or  a captain  of  police,  be  allow'ed 
to  examine  the  property  purporting  to  be 
pawned  by  said  ticket,  but  no  property  shall  be 
removed  from  the  possession  of  any  pawnbrok- 
er without  the  process  of  law  required  by  the 
existing  laws  of  this  state,  or  the  laws  and 
ordinances  of  the  city  regulating  pawnbrokers. 
A refusal  or  neglect  to  comply  in  any  respect 
with  the  provisions  of  this  section,  on  the  part 
of  any  pawnbroker,  his  clerk  or  clerks,  shall 
be  deemed  a misdemeanor,  and  punishable  as 
such. 

Id.;  sappression  of  gaming  and  otber 

houses. 

Sec.  318.  If  any  member  of  the  police  force 
or  if  any  two  or  more  householders  shall  re- 
port in  writing,  under  his  or  their  signature, 
to  the  chief  of  police  or  to  a deputy  chief  of 
police,  that  there  are  good  grounds  (and  stat- 
ing the  same)  for  believing  any  house,  room 
or  premises  within  the  said  city  to  be  kept 
or  used  as  a common  gambling  house,  com- 
mon gaming  room  or  common  gaming  prem- 
ises, for  therein  playing  for  wagers  of  money 
at  any  game  of  chance,  or  to  be  kept  or  used 
for  lewd  and  obscene  purposes  or  amusements, 
or  the  deposit  or  sale  of  lottery  tickets  or  lot- 
tery policies,  it  shall  be  lawful  for  the  chief  of 
police  or  a deputy  chief  of  police  to  authorize, 
in  writing,  any  member  or  members  of  the 
police  force  to  enter  the  same,  who  may  forth- 
with arrest  all  persons  there  found  offending 
against  law',  but  none  others,  and  seize  all 
implements  of  gaming  or  lottery  tickets  or 
lottery  policies,  and  convey  any  person  so  ar- 
rested before  a magistrate  and  bring  the  ar- 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


35 


tides  so  seized  to  the  ofBce  of  the  prop?rty 
clerk.  It  shall  be  the  duty  of  the  said  chief 
of  police  or  deputy  chief  of  police  to  cause 
such  arrested  person  to  be  rigorously  prose- 
cuted and  such  articles  seized  to  he  destroyed, 
as  the  orders,  rules  and  regulations  of  the 
police  board  shall  direct. 

Rales  and  reg-ulations  as  to  navigable 
waters  vritbin  tlie  city  limits. 

Sec.  319.  It  shall  be  the  duty  of  the  board 
to  provide  and  enforce  proper  rules  and  regu- 
lations for  the  safety  of  passengers  on  excur- 
sion steamers,  yachts  and  all  craft  taking  part 
in  regattas  or  races,  whether  as  observers  or 
participants,  in  the  navigable  waters  embraced 
within  the  corporate  limits  of  the  city  and 
to  preserve  the  public  peace  and  prevent  un- 
due interference  with  or  interruption  of  such 
regattas  and  races.  Such  rules  and  regulations 
when  so  adopted  shall  be  duly  published  in 
the  public  newspapers  and  any  wnllful  viola- 
tion of  the  same  by  any  person  shall  subject 
the  offender  to  the  penalties  of  a misdemeanor 
and  if  the  holder  of  a license  from  the  city 
to  a forfeiture  thereof. 

Police  board; to  farnisb  station  bonses, 
etc.,  and  fix  boundaries  of  pi'ecincts; 
beadquarters. 

Sec.  320.  The  police  board  shall  from  time  to 
time,  with  the  authority  of  the  municipal  as- 
sembly, establish,  provide  and  furnish  stations 
and  station  houses,  or  sub-stations  and  sub- 
station houses,  at  least  one  to  each  precinct, 
for  the  accommodation  thereat  of  members  of 
the  police  force,  and  as  places  of.  temporary 
detention  for  persons  arrested  and  property 
taken  within  the  precinct;  and  shall  also  pro- 
vide and  furnish  such  business  accommoda- 
tions, apparatus  and  articles  and  provide  for 
the  care  thereof,  as  shall  be  necessary  for  the 
department  of  police  and  the  transaction  of  the 
business  of  the  department.  The  said  police 
board  is  hereby  authorized  and  empowered  to 
furnish  horses  and  w'agons,  to  be  known  as 
patrol  wagons,  which  said  horses  and  wagons 
shall  be  under  the  custody,  control  and  care 
of  said  police  department,  for  the  exclusive 
use  thereof.  The  board  of  estimate  and  appor- 
tionment and  the  municipal  assembly  are  di- 
rected to  appropriate  a sufficient  sum  of"  mon- 
ey in  each  and  every  year,  for  the  purpose  of 
furnishing  such  horses,  wagons  and  apparatus 
connected  therewith,  and  the  maintenance 
thereof,  and  for  the  other  purposes  authorized 
by  this  section.  The  number  and  boundaries 
of  the  precincts  shall  be  fixed  by  the  police 
board.  There  shall  be  one  headquarters  or 
central  station,  established  and  located  by  said 
police  board  in  each  borough  into  which  the 
city  of  New  York  is  divided  by  this  act.  A 
deputy  chief  of  police  shall  be  assigned  to 
duty  by  the  police  board  at  police  headquarters 
in  the  borough  of  Brooklyn,  and,  in  the  discre- 
tion of  the  police  board,  a deputy  chief  of  po- 
lice may  be  assigned  to  duty  at,  police  head- 
quarters in  each  of  the  other  boroughs.  The 
said  police  board  shall  apply  to  and  use  for 
the  purposes  mentioned  in  this  section  the 
property  and  premises  which  shall  come  into 
their  possesion,  or  under  their  control,  by  vir- 
tue of  section  275  of  this  act,  so  far  as  suitable 
for  the  purpose,  in  their  judgment,  and  avail- 
able therefor. 

Id.;  to  provide  accommodations  for 
detention  of  witne.sses. 

Sec.  321.  The  police  board  shall,  where  not 
otherwise  provided  by  law,  and  as  authorized 
by  the  municipal  assembly,  provide  suitabLe 
accommodations  and  supplies  for  the  deten- 
tion of  witnesses  who  are  unable  to  furnish 
security  for  their  appearance  in  criminal 
proceedings,  other  than  children  actually  or 
apparently  under  the  age  of  16  years,  to  be 
called  the  house  for  the  detention  of  witnesses,  I 


and  such  accommodation  shall  be  in  premises 
other  than  those  employed  for  the  confine- 
ment of  persons  charged  with  crime,  fraud 
or  disorderly  conduct.  And  it  shall  be  the 
duty  of  all  magistrates,  when  committing  wit- 
nesses in  default  of  bail,  to  commit  them  to 
such  house  for  detention  of  witnesses.  The 
board  of  estimate  and  apportionment  and  the 
municipal  assembly,  shall  in  each  and  every 
year  appropriate  a sufficient  sum  of  money  to 
defray  the  expenses  authorized  by  this  section. 
And  said  police  board  shall  apply  to  and  use 
for  such  purposes  the  property  and  prem- 
ises w'hich  shall  come  into  their  possessiSn 
or  under  their  control  by  section  275  of  this 
act,  so  far  as  the  same  may  be  available,  and, 
in  their  judgment,  suitable  therefor. 

Icl.;  to  provide  lodgings  for  vagrants,. 

etc. 

Sec.  322.  It  shall  be’  the  duty  of  said  police 
board  and  it  is  hereby  empowered  to  provide 
for  the  lodging  of  vagrants  and  indigent  per- 
sons as  far  as  such  duty  is  not  by  law  impos- 
ed on  some  other  department  of  the  city  of 
New  York. 

Id.;  may  maintain  and  operate  tele- 

grapli  and  telephone  lines,  and  use 

same  in  assisting  depjjrtment  of 

health. 

Sec.  323.  The  police  board  shall  have  pow- 
er to  erect,  operate,  supply  and  maintain, 
under  the  general  laws  of  the  state  relating 
to  telegraphs,  all  such  lines  of  telegraph  and 
telephone  to  and  between  such  places  in  the 
city  as  for  the  purposes  and  business  of  the 
police  the  board  shall  deem  necessary.  The  po- 
lice board  may  procure  all  instruments,  fix- 
tures, property  and  materials  for  the  purpose 
above  mentioned,  and  control  the  same,  but 
the  cost  thereof  shall  be  chargeable  to  gen- 
eral expenses  of  police.  The  police  board  is 
hereby  permitted  to  use  the  said  telegraph 
and  telephone  lines  to  aid  it  in  facilitating 
the  operations  of  the  department  of  health, 
and  when  so  used,  the  expense  thereof  shall 
be  charged  to  the  said  department  of  health. 

Id.;  may  use  boats;  establisli  mounted 

patrol,  sell  old  property,  etc. 

Sec.  324.  In  the  performance  of  police  serv- 
ice in  any  precinct  or  precincts,  comprising 
waters  of  the  harbor,  the  police  board  may 
procure  and  use  and  employ  such  rowboats, 
steamboats  and  boats  propelled  by  other  pow- 
er as  shall  be  deemed  necessary  and  proper. 
In  rural  or  sparsely  inhabited  precincts  it 
may  establish  a mounted  patrol  and  procure 
and  use  and  employ  so  many  horses  and 
equipments  as  shall  be  requisite  for  the  pur- 
pose; and  it  shall  procure  and  cause  to  be  used 
teams  and  vehicles  to  transport  prisoners,  sup- 
plies and  property,  whenever  the  use  of  teams 
and  vehicles  for  such  purposes  shall  be  proper 
and  tend  to  preserve  the  public  peace  and  de- 
cency. The  police  board  may  sell  and  dis- 
pose of,  in  accordance  with  law,  any  person- 
al property  owned  or  used  in  the  department, 
whenever  such  property  shall  have  become  old 
and  unfit  and  shall  not  be  required  for  service, 
and  it  shall  have  authority  to  detail  and  em- 
ploy patrolmen  in  any  duty  or  service,  Oiher 
than  patrol  duty,  which  may  be  necessary  and 
proper  to  enable  the  department  to  exercise 
the  powers  and  perform  the  duties  and  busi- 
ness imposed  and  required  by  law. 

Applications  foi*  medical  attendance; 

registered  physicians. 

Sec.  325.  Upon  the  application  of  any  per- 
son residing  within  the  precinct,  it  shall  bo 
the  duty  of  the  captain  or  other  officer  at  the 
desk  to  register  in  a book  kept  open  for  that 
purpose,  the  name  and  address  of  any  person 
desiring  or  needing  medical  attendance,  ■u'itb 
the  name  or  address  of  the  person  making 
such  application,  and  without  delay  to  select 


and  notify  of  such  application  one  from  th« 
list  of  physicians  who  have  registered  in  said 
precinct  as  thereby  pledging  themselves  to 
respond  to  any  call  for  medical  attendance, 
and  who  have  been  certified  by  the  registrar 
of  vital  statistics  of  the  department  of  health 
as  being  In  good  and  regular  standing.  It 
shall  be  the  duty  of  the  captain  or  other  offi- 
cer at  the  desk,  in  the  absence  of  any  express- 
ed preference  by  tho  applicant,  to  select  and 
notify,  from  the  list  of  physicans  thus  regis- 
tered, the  name  of  the  physician  residing 
nearest  to  the  residence  of  the  said  patient  in 
whose  behalf  application  is  made. 

Comisensatiou  of  registered  i)liysician; 

certificate,  etc. 

Sec.  326.  It  shall  be  the  duty  of  the  cap- 
tain, sergeant  or  other  officer  at  the  desk, 
in  such  police  precinct  as  before  specified, 
upon  registry  of  any  application  as  described 
in  the  preceding  section,  immediately  to  de- 
tail an  officer  whose  duty  it  shall  be  to  call 
upon  such  physician  without  delay,  and  to 
conduct  him  to  the  residence  of  the  patient, 
also  to  verify  by  personal  inspection  or  in- 
quiry, the  name  and  address  of  such  patient 
as  registered  by  his  superior  officer.  Every 
officer  thus  detailed  as  messenger  shall  be 
furnished  with  a blank  certificate,  upon  which 
the  name  and  address  of  the  physician,  re- 
sponding to  the  cali,  the  name  and  address 
of  the  patient  attended  and  the  date  and 
hour  of  the  visit  shali  be  written  by  him  after 
he  has  conducted  the  physician  to  the  pa- 
tient’s residence  and  verified  the  genuineness 
of  the  application.  Such  certificate  shall  be 
signed  by  him  and  given  to  the  physician, 
and  shall  specify  upon  its  face  that  the  physi- 
cian therein  named  is  entitled  to  the  sum 
of  three  dollars  from  the  public  funds,  upon 
presentation  thereof  to  the  proper  officer* 
and  endorsement  thereof  in  writing  of  tlif, 
name  of  the  captain  of  the  precinct.  But  it 
shall  be  the  duty  of  the  physician  making 
such  visit  to  present  such  certificate  to  the 
patient  or  his  or  her  agent  or  attendant,  and 
to  request  payment  of  the  said  sum  specified; 
and  in  case  of  such  payment  being  made,  said 
physician  shall  surrender  such  certificate  to 
the  person  or  persons  making  it,  and  it  shall 
cease  to  be  a claim  upon  the  public  treasury. 
In  default  of  the  immediate  payment  of  the 
said  fee  specified  in  the  said  certificate,  by  the 
patient  or  his  or  her  agent  or  attendant,  it  shall 
be  the  duty  of  the  captain  of  the  police  pre- 
cinct in  which  the  visit  was  made,  to  indorso 
it  with  his  name;  and  thus  indorsed  ic  shall 
be  the  duty  of  the  cashier  of  the  department 
of  health  to  pay  at  sight  the  fee  aforesaid, 
and  to  enter  the  payment  in  a book  provided 
for  that  purpose  and  take  up  the  certificate. 
And  all  certificates  thus  redeemed  shall  be 
valid  debts  to  the  amount  therein  named, 
against  the  patients  therein  named,  or  their 
guardians,  which  the  said  department  may 
order  collected  by  due  process  of  law,  pro- 
vided that  no  prosecution  shall  be  instituted 
in  cases  where  it  is  satisfactorily  shown  that 
the  patient  is  without  sufficient  means  for 
the  payment  thereof. 

Pliysieians  to  report  to  tUe  dcpartmeiit 

of  health. 

Sec.  327.  It  shall  bo  tho  duty  of  every 
physician  thus  called  to  tho  medical  assist- 
ance of  any  person  w'ithin  the  police  pre- 
cinct in  which  he  is  registered,  to  transmit 
to  the  registrar  of  the  department  of  hcaith, 
v/ithin  twenty-four  hours  after  the  call  shall 
have  been  answered,  .a  full  and  .accurate 
statistical  exhibit  of  the  case,  specifying 
therein  the  age  and  sex  and  tho  employment, 
profession  or  business  of  the  patient,  the 
nature  of  the  diSGa.se-,  the  hour  of  the  attack, 
when  practicable,  the  date  and  the  police 
precinct  and  ward,  in  which  tho  case  oc- 


3G 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


curred;  the  same  shall  be  signed  with  the 
full  name  and  address  of  the  physician  ren- 
dering it,  but  the  name  and  address  of  the 
patient  shall  always  be  omitted.  And  it  shall 
be  the  duty  of  the  department  of  health  to 
provide  all  physicians  thus  registered  for 
night  service  with  appropriate  blanks  for 
the  said  purpose,  upon  their  appiioatlon 
therefor. 

Nearest  pliysician  to  1»e  called;  penalty 
for  refusal  to  attend. 

Sec.  328.  Any  policeman  who  shall  be  de- 
tailed as  messenger,  according  to  the  pro- 
visions hereinbefore  specified,  shail,  in  the 
absence  of  preference  expressed  in  the  appli- 
cation, call  the  physician  nearest  and  most 
convenient  to  the  patient’s  residence,  or  in 
the  absence  or  refusal  from  any  cause  of  the 
latter,  the  physician  next  nearest,  and  so  on. 
And  there  shall  be  no  delay  or  waiting  for 
such  physician  to  return;  and  any  member  of 
the  force  neglecting  to  compiy  with  this  provis- 
ion shali  be  subject  to  trial  and  fine,  or  dis- 
missal from  service,  by  the  police  board,  in 
the  same  manner  as  for  oiher  offenses  cog- 
nizable by  the  said  body. 

And  any  physician  thus  registering  who 
shall  twice  refuse  or  neglect,  without  reason- 
able excuse,  to  answer  a call  made  according 
to  the  provisions  of  the  three  preceding  sec- 
tions, shall  be  subject  to  have  his  name 
erased  from  the  list,  upon  proper  evidence 
thereof,  submitted  to  an  executive  officer, 
who  shall  be  appointed  by  the  registrar  of 
vital  statistics  of  the  department  of  health, 
and  shall  be  under  his  immediate  super- 
vision. 

liist  of  rcsistered  pliysiciana  to  T»e 

posted. 

Sec.  329.  The  captains  of  the  several  police 
precincts  shall  cause  the  names  and  addresses 
of  such  physicians  as  have  been  duly  certi- 
fied by  the  registrar  of  vital  statistics  to  be 
plainiy  and  legibly  written  or  printed  on  a 
bulletin  provided  for  that  purpose,  which 
bulletin  shall  be  placed  at  a convenient  point 
near  the  captain’s  desk,  and  kept  open  to 
the  inspection  of  all  persons  within  the  pre- 
cinct desiring  to  see  the  same.  They  may, 
if  in  their  judgment  it  shall  be  necessary  to 
the  public  convenience,  cause  the  bulletins 
of  physicians  herein  specified  to  be  posted  in 
the  hotels  and  district  telegraph  offices  with- 
in their  respective  precincts,  but  any  appli- 
cant applying  at  such  hotels  oy  telegraph 
offices,  or  desiring  the  services  of  any  mes- 
senger other  than  a member  of  the  police 
force  detailed  for  that  purpose,  shall  em- 
ploy such  messenger  at  his  own  expense,  and 
shall  be  liable  for  any  expenseis  incurred  in 
communicating  with  the  police  precinct. 

1“ 

Honrs  of  sei’vice  of  registered  pliy- 

sieians. 

Sec.  330.  The  period  during  which  the  afore- 
said physicians  shall  be  held  subject  to  call 
shall  be  between  the  hours  of  ten  in  the  even- 
ing and  seven  in  the  morning,  from  October 
first  to  March  thirty-first,  inclusive,  and  be- 
tween the  hours  of  eleven  in  the  evening  and 
six  in  the  morning,  from  April  first  to  Septem- 
ber tbirtietti,  inclusive. 

Stolen,  property;  property  clerk;  em- 
ployment of  and  dnties. 

Sec.  331.  The  police  board  shall  employ  some 
person  as  clerk,  who  shall  be  designated  prop- 
erty clerk,  to  hake  charge  of  all  property  al- 
leged to  be  stolen  or  embezzled,  and  which 
may  be  .brought  into  the  police  office,  and  all 
property  taken  from  the  person  of  a prisoner, 
and  all  property  or  money  alleged  or  supposed 
CO  (have  been  feloniously  obtained,  or  which 
shall  be  lost  or  abandoned,  and  which  shall  be 
taken  into  the  custody  o't  any  member  of  the 


police  force  or  criminal  court  in  the 
city  of  New  York,  or  which  shall 
come  into  the  custody  of  any  magistrate 
or  officer,  shall  be,  by  such  member  or  magis- 
trate, or  by  order  of  said  court,  given  into  che 
custody  of  and  keph  by  che  said  property  clerk. 
All  such  property  and  money  shall  be  de- 
scribed and  registered  by  said  property  clerk 
in  a book  kept  for  that  purpose,  which  shall 
contain  the  name  of  the  owner  or  claimant  if 
ascertained,  the  place  where  found,  the  name 
of  che  person  from  whom  taken,  with  the  gen- 
eral circums'caaces,  the  date  of  its  receipt,  the 
name  of  the  officer  recovering  the  same,  a de- 
scription thereof,  the  names  of  all  claimants 
thereto,  and  any  final  disposition  of  such  prop- 
erty or  money. 

The  said  police  board  may  prescribe  regula- 
tions in  regard  to  the  duties  of  the  clerk  so 
designated,  and  require  and  take  security  for 
the  faithful  performance  of  the  duties  im- 
posed by  this  section,  but  all  animals  strayed, 
lost  or  stolen,  which  shall  come  into  the  pos- 
session of  the  said  property  clerk  shall  by  him 
be  transferred  and  sent  to  the  public  pound,  Ic 
said  city,  anything  herein  contained  to  the 
contrary  notwithstanding. 

Id.;  return  of  property  to  person  ac- 
cused. 

Sec.  332.  Whenever  property  or  money  taken 
from  any  person  arrested  shall  be  alleged  to 
have  been  feloniously  obtained,  or  to  be  the 
proceeds  of  crime,  and  brought,  with  all  ascer- 
tained claimants  thereof,  and  the  person  ar- 
rested, before  some  magistrate  for  adjudica- 
tion, and  the  magis-trate  shall  be  then  and 
there  satisfied  from  evidence  that  the  person 
arrested  is  innocent  of  the  offense  alleged,  and 
that  the  property  rightfully  belongs  to  him, 
then  said  magistrate  may  thereupon,  in  writ- 
ing order  such  property  or  money  to  be  re- 
turned, and  che  property  clerk,  if  he  have  ic, 
to  deliver  such  property  or  money  to  the  ac- 
cused person  himself,  and  not  to  any  attorney, 
agent,  or  clerk  of  said  accused  person. 

III.;  claint  to  by  another  person. 

Sec.  333.  If  any  claim  to  the  ownership  of 
such  property  or  money  shall  be  made  on 
oath  before  the  magistrate,  by  or  in  behalf  of 
any  other  persons  than  the  person  arrested, 
and  the  said  accused  person  shall  be  held  for 
trial  or  examination,  such  property  or  money 
shall  remain  in  the  custody  of  the  property 
clerk  until  the  discharge  or  conviction  of  the 
person  accused  and  until  lawfully  disposed  of. 

Unclaimed,  lo.st,  stolen,  etc.,  property 

to  be  registered  and  advertised. 

Sec.  334.  All  property  or  money  taken  on 
suspicion  of  having  been  feloniously  obtained, 
or  of  being  the  proceeds  of  crime,  and  for 
which  there  is  no  other  claimant  than  the 
person  from  whom  such  property  was  taken, 
and  all  lost  property  coming  into  the  pos- 
session of  any  member  of  the  said  police  force, 
and  all  property  and  money  taken  from  pawn- 
brokers as  the  proceeds  of  crime,  or  by  any 
such  member  from  persons  supposed  to  be  in- 
sane, intoxicated  or  otherwise  incapable  of 
taking  care  of  themselves,  shall  be  transmitted 
as  soon  as  practicable  to  the  property  clerk, 
to  be  registered  and  advertised  in  the  City 
Record  for  the  benefit  of  all  persons  interested, 
and  fox  the  information  of  the  public,  as  to 
the  amount  and  disposition  of  the  property  so 
taken  into  custody  by  the  police. 

Id.;  to  be  sold  if  unclaimed. 

Sec.  335.  If  the  property  stolen  or  em- 
bezzled be  not  claimed  by  the  owner  before 
the  expiration  of  six  months  from  the  con- 
viction of  a person  for  stealing  or  embezzling 
it,  the  officer  having  it  in  his  custody  muse, 
on  payment  of  the  necessary  expenses  incur- 
red in  its  preservation,  deliver  the  same  to 


the  property  clerk.  The  property  so  deliver- 
ed to  said  property  clerk,  and  all  such  other 
property,  securities,  moneys,  things,  or  choses 
in  action,  that  shall  remain  in  the  custody  of 
the  property  clerk  for  the  period  of  six  months 
without  any  lawful  claimant  thereto,  after 
having  been  advertised  in  the  City  Record  for 
the  period  of  ten  days,  may  be  sold  at  public 
auction  in  a suitable  room  to  be  designated 
for  such  purpose,  and  the  proceeds  of  such 
sale  shall  he  paid  into  the  police  pension 
fund.  No  property  shall  be  deliyered  to  the 
property  clerk  or  at  the  central  office  of  the 
police  department,  except  as  provided  by  law. 

Stolen  property  desired  as  evidence  in 

criminal  court. 

Sec.  336.  If  any  property  or  money  placed 
in  the  custody  of  the  property  clerk  shall  be 
desired  as  evidence  in  any  police  or  other 
criminal  court,  such  property  shall  be  de- 
livered to  any  officer  who  shall  present  an 
order  to  that  effect  from  such  court.  Such 
property,  however,  shall  not  be  retained  in 
said  court,  but  shall  be  returned  to  such 
property  clerk  to  he  disposed  of  according  to 
the  previous  provisions  of  this  chapter. 

Police  force;  arrests  witbont  warrant. 

Sec.  337.  The  several  members  of  the  police 
force  shall  have  power  and  authority  to  im- 
mediately arrest,  without  warrant,  and  to 
take  into  custody,  any  person  who  shall  com- 
mit or  threaten  or  attempt  to  commit,  in  the 
presence  of  such  member,  or  wdthin  his  view, 
any  breach  of  the  peace  or  offense  directly 
prohibited  by  act  of  the  legislature,  or  by  any 
ordinance  made-  by  lawful  authority.  The 
members  of  the  police  force  shall  possess  in 
the  city  of  New  York  and  in  every  part  of  this 
state,  all  the  common  law  and  statutory 
powers  of  constables,  except  for  the  service 
of  civil  process,  and  any  warrant  for  search 
or  arrest  issued  by  any  magistrate  of  this 
state  may  be  executed,  in  any  part  thereof, 
by  any  member  of  the  police  force,  and  all 
the  provisions  of  sections  7,  8 and  9 of  chap- 
ter 2,  title  2,  part  4 of  the  revised  statutes 
in  relation  to  the  giving  and  taking  of  bail 
shall  apply  to  this  chapter. 

I«l.;  returns  of  arrests;  accused  to  be 

taken  before  magistrate. 

Sec.  338.  In  every  case  of  arrest  by  any 
member  of  the  police  force,  the  same  shall 
be  made  known  Immediately  to  the  superior 
on  duty  in  the  precinct  wherein  the  arrest 
was  made  by  the  person  making  the  same; 
and  it  shall  be  the  duty  of  the  said  superior, 
within  twenty-four  hours  after  such  notice, 
to  make  w'ritten  return  thereof,  according  to 
the  rules  and  regulations  of  the  police  depart- 
ment, with  the  name  of  the  party  arrested, 
the  alleged  offense,  the  time  and  place  of  ar- 
rest and  the  place  of  detention.  Each  mem- 
ber of  the  police  force,  under  the  penalty  of 
ten  days’  fine,  or  dismissal  from  the  force, 
at  the  discretion  of  the  police  board,  shall, 
immediately  upon  an  arrest,  convey  in  per- 
son the  offender  before  the  nearest  sitting 
magistrate,  that  he  may  be  dealt  with  accord- 
ing to  law.  If  tne  arrest  is  made  during  the 
hours  that  the  magistrate  does  not  regularly 
hold  court,  or  if  the  magistrate  is  not  hold- 
ing court,  such  offender  may  he  detained  in 
a precinct  or  station  house  thereof,  until  the 
next  regular  public  sitting  of  the  magistrate, 
and  no  longer,  and  shall  then  be  conveyed 
without  delay  before  the  magistrate,  to  be 
dealt  with  according  to  law.  And  it  shall  be 
the  duty  of  the  said  police  board,  from  time 
to  time,  to  provide  suitable  rules  and  regu- 
lations to  prevent  the  undue  detention  of  per- 
sons arrested,  which  rules  and  regulations 
shall  be  as  operative  and  binding  as  if  here- 
in specially  enacted,  subject,  however,  to  the 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


87 


order  of  the  court  committing  the  person 
arrested. 

Penalty  for  personntingr  policeman, 
and  for  willful  neglect  of  police. 

Sec.  339.  It  shall  be  a misdemeanor,  pun- 
ishable by  imprisonment  in  the  penitentiary 
for  not  less  than  one  year,  no^r  exceeding  two 
years,  or  by  a fine  of  not  less  than  two  hun- 
dred and  fifty  dollars,  for  any  member  of  the 
police  force  to  willfully  neglect  to  make  any  ar- 
rest for  an  offense  against  the  law  of  the  sitate, 
or  any  ordinance  in  force  in  the  city  of  New 
York,  or  for  any  person  not  a member  of  the 
police  force  to  falsely  represent  himself  as 
being  such  a member,  with  a fraudulent  de- 
sign upon  persons  or  property,,  or  upon  any 
day  or  time  to  have,  use,  wear  or  display, 
without  specific  authority  from  the  police  de- 
partment, any  uniform,  shield,  buttons, 
wreaths,  numbers  or  other  insignia  or  em- 
blems in  any  wise  resembling  such  as  are 
worn  by  members  of  the  police  force:  and 
the  said  police  department  is  hereby  author- 
ized and  directed,  from  time  to  time,  to  pre- 
scribe the  uniform,  shields,  emblems,  insig- 
nia and  weapons  to  be  worn,  displayed  and 
used,  and  to  regulate  the  wearing,  display 
and  use  thereof,  by  any  and  all  persons,  ex- 
cepting marshals  and  the  sheriff,  his  under- 
sheriff and  deputies  authorized  under  the 
laws  of  this  state,  to  make  arrests  for  any 
cause  in  the  city  of  New  York. 

Misdemeanor  for  persons  not  members 
of  police  force  to  serve  criminal  pro- 
cess. 

Sec.  340.  It  shall  be  a misdemeanor  for  any 
person  not  being  a regular  member  of  the 
police  established  in  any  city  of  this  state,  or 
a member  of  the  police  force  of  the  city  of 
New  York,  .or  a constable  of  this  state,  or  a 
police  constable,  or  assistant  police  constable, 
or  United  States  marshal,  or  other  peace  officer 
of  this  state,  or  a sheriff,  or  one  of  the  usual 
general  deputies  of  any  sheriff  of  this  state, 
to  serve  any  criminal  process  within  the  said 
city. 

Exemption  from  military  and  jnry 
duty  and  civil  process. 

Sec.  341.  No  jierson  holding  office  under  this 
department  shall  be  liable  to  military  or  jury 
duty,  and  no  officer  or  patrolman  while  actu- 
ally on  duty  shall  be  liable  to  arrest  on  civil 
process,  or  to  service  of  subpena  from  civil 
courts. 

Steam  boilers;  inspection  of;  not  to  be 
operated  without  certificate. 

Sec.  342.  Every  owner,  agent,  or  lessee  of 
a steam  boiler  or  boilers  in  use  in  the  city 
of  New  York  shall  annually,  and  at 
such  convenient  times  and  in  such  man- 
ner and  in  such  form  as  may  by 
rules  and  regulations  to  be  made  there- 
for by  the  police  board,  be  provided,  report 
to  the  said  department  the  location  of  each 
steam  boiler  or  boilers,  and  thereupon,  and 
as  soon  thereafter  as  practicable,  the  sanitary 
company  or  such  member  or  members  there- 
of as  may  be  competent  for  the  duty  herein 
described,  and  may  be  detailed  for  such  duty 
by  the  police  board  shall  proceed  to  inspect 
such  steam  boilers,  and  all  apparatus  and  ap- 
pliances connected  therewith;  but  no  person 
shall  be  detailed  for  such  duty  except  he  be 
a practical  engineer,  and  the  strength  and  se- 
curity of  each  boiler  shall  be  tested  by  atmos- 
phertc  and  hydrostatic  pressure  and  tlje 
strength  and  security  of  • each  boiler  or 
boilers  so  tested,  shall  have  under 
the  control  of  said  sanitary  com- 
pany, such  attachments,  apparatus  and  appli- 
ances as  may  be  necessary  for  the  limitation 
of  pressure,  locked  and  secured  in  like  man- 
ner as  may  be  from  time  to  time  adopted  by 
the  United  States  Inspectors  of  steam  boilers 


or  the  secretary  of  the  treasury,  according  to 
act  of  congress,  passed  July  25,  186G;  and  they 
shall  limit  the  pressure  of  steam  to  be  appiied 
to  or  upon  such  boiier,  certifying  each  insp'OC- 
tion  and  such  iimit  of  pressure  to  the  owner 
of  the  boiier  inspected,  and  also  to  the  engi- 
neer in  charge  of  same,  and  no  greater  amount 
of  steam  or  pressure  than  that  certified  in  the 
case  of  any  boiler  shall  be  applied  thereto. 

In  limiting  the  amount  of  pressure,  where- 
ever  the  boiier  under  test  will  bear  the  same 
the  limit  desired  by  the  owner  of  the  boiler 
shall  be  the  one  certified.  Every  owner,  agent 
or  lessee  of  a steam  boiler  or  boilers  in  use  in 
the  city  of  New  York  shall,  for  the  inspection 
and  testing  of  such  or  each  of  such  boilers, 
as  provided  for  in  this  act,  and  upon  receiving 
from  the  police  department  a certificate  set- 
ting forth  the  location  of  the  boiler  inspected, 
the  date  of  such  inspection,  the  persons  by 
whom  the  inspection  was  made,  and  the  limit 
of  steam  pressure  which  shall  be  applied  to 
or  upon  such  boiler  or  each  of  such  boilers, 
pay  annually  to  the  treasurer  of  the  police 
department  for  each  boiler,  for  the  use  of  the 
police  pension  fund,  the  sum  of  $2,  such  cer- 
tificate to  continue  in  force  for  one  year 
from  the  granting  thereof  when  it  shall  ex- 
pire, unless  sooner  revoked  or  suspended. 

Such  certificate  may  be  renewed  upon  the 
payment  of  a like  eum  and  like  conditions, 
to  be  applied  to  a like  purpose.  It  shall  no: 
be  lawful  for  any  person  or  persons,  corpora- 
tion or  corporations,  to  have  used  or  operat- 
ed within  the  city  of  New  Yo.rk  any  steam 
boiler  or  boilers  except  for  heating  purposes 
and  for  railway  locomotives,  without  having 
first  had  such  boiler  or  boilers  inspected  or 
tested  and  procured  for  such  boiler  or  each, 
of  such  boilers  so  used  or  operated  the  cer- 
tificate herein  provided  for. 

The  superintendent  and  inspector^  of  boil- 
ers, in  the  employ  of  the  police  department, 
in  the  City  of  Brooklyn,  and  the  boiler  in- 
spectors in  L/ong  Island  City,  shall  continue 
to  discharge  the  duties  heretofore  devolved 
upon  them,  subject,  however,  to  removal  for 
cause,  or  when  they  are  no  longer  needed. 

Id.;  no  person  to  nse,  or  act  as  en- 
gineer for,  witliont  certificate. 

Sec.  343.  It  shall  not  he  lawful  for  any  per- 
son or  persons  to  operate  or  use  any  steam 
boiler  to  generate  steam  except  for  railway, 
locomotive  engines,  and  for  heating  purposes 
in  private  dwellings,  and  boilers  carrying  not 
over  len  pounds  of  steam  and  not  over  ten 
horse  power,  or  to  act  as  engineer  for  such 
purposes  in  the  city  of  New  York  without  hav- 
ing a certificate  of  qualification  therefor  from 
practical  engineers  detailed  as  such  by  the 
police  department,  such  certificate  to  be  coun- 
tersigned by  the  officer  m command  of  the 
sianitary  company  of  the  police  department  of 
the  city  of  New  York  and  to  continue  in  force 
one  year,  unless  sooner  revoked  or  suspended. 
Such  certificate  may  be  revoked  or  suspended 
at  any  time  by  the  police  board  upon  the  re- 
port of  any  tiwo  practical  engineers,  detailed 
as  provided  in  this  section,  stating  the  grounds 
upon  which  such  certificate  should  he  revok- 
ed or  suspended.  Where  such  certificate 
shall  have  been  revoked,  ks  provided  in  this 
section,  a like  certificate  shall  not  in  any  case 
be  issued  to  the  same  person  within  six 
months  from  the  date  of  Che  revocation  of 
the  former  certificate  held  by  such  person. 

Id.;  record  of  inspections  to  toe  kept. 

Sec.  344.  A correct  record  in  proper  form, 
shall  be  kept  and  preserved  of  all  inspections 
of  steam  boilers  made  under  the  direction  of 
the  police  hoard,  and  of  the  amount  of  steam 
or  pressure  allowed  in  each  case,  and  in 
cases  where  any  steam  boiler  or  the  appara- 
tus or  appliances  connected  therewith  shall 
be  deemed,  by  the  department,  after  inspec- 


tion, to  be  insecure  or  dangerous,  the  depart- 
ment may  preiscribe  such  changes  and  altera- 
tions as  may  render  such  boilers,  apparatus 
and  appliances  secure  and  devoid  of  danger. 
And  in  the  m^eantime,  and  until  such  changes 
and  alterations  are  made  and  such  appliances 
attached,  such  boiler,  apparatus  and  appli- 
ances may  be  taken  under  the  control  of  the 
police  department  and  all  persons  prevented 
from  using  the  same,  and  in  cases  deemed 
necessary  the  applianc0.s,  apparatus  or  at- 
tachment for  the  limitation  of  pressure  may  be 
taken  under  the  control  of  the  said  police  de- 
partment. 

III.;  oxer-preMsure  fortoiclden;  owner 

neglecting  to  report  tooiler. 

Sec.  345.  It  shall  not  be  lawful  for  any  per- 
son or  persons  to  apply  or  cause  to  be  applied 
to  any  steam  boiler  a higher  pressure  of 
steam  than  that  limited  for  the  same  in  ac- 
cordance with  the  provisions  of  this  chapter 
and  any  person  violating  the  provisions  of 
the  last  preceding  section  shall  be  guilty  of  a 
misdemeanor.  In  case  any  owner  of  any 
steam  boiler  in  the  said  city  shall  fail  or  omit 
to  have  the  same  reported  for  inspection,  as 
provided  by  law,  such  bailer  may  be  taken 
under  the  control  of  the  polled"  department 
and  all  persons  prevented  from  using  the 
same  until  it  can  be  satisfactorily  tested,  as 
hereinbefore  provided  for,  and  the  owner 
shall,  in  such  case,  be  charged  with  the  ex- 
pense of  so  testing  it. 

Police  tooard;  licenses  for  public  ex» 

liitoitions. 

Sec.  34G.  The  police  board  is  authorized  to 
grant  licenses  for  public  exhibitions,  in  the 
manner  and  on  the  conditions  provided  in 
title  2 of  chapter  XXII  of  this  act. 

III.;  licenses  to  emigrant  boarding- 

bouses;  bond. 

Sec.  347.  The  police  board  is  authorized  to 
grant  licenses  to  persons  keeping  houses  for 
the  purpose  of  boarding  emigrant  passengers. 
But  before  granting  any  such  license,  said 
board  shall  require  from  such  person  or  per- 
sons a bond  satisfactory  to  it,  with  one  or 
more  sureties  in  the  penal  sum  of  $500,  con- 
ditioned for  the  good  behavior  of  such  person 
or  persons,  and  the  proper  conduct  of  all 
agents  and  runners  in  his  or  their  employ. 
The  police  board  may  revoke  any  license  for 
cause.  The  person  or  persons  receiving  such 
license  shall  pay  the  sum  of  ?10  a year  for 
each  license. 

Id.;  licenses  to  bookers  of  emigrant 

passengers. 

Sec.  348.  The  police  board  is  authorized  to 
grant  licenses  to  persons  exercising  the  voca- 
tion of  booking  emigrant  passengers,  or  tak- 
ing money  for  their  inland  fare,  or  for  the 
transportation  of  their  baggage.  The  per- 
sons receiving  such  licenses  shall  pay  the  sum 
of  $25  a year  for  each  license. 

Id.;  license.s  to  runners;  bonds. 

Sec.  349.  The  police  board  may  issue  li- 
censes authorizing  the  person  or  persons  to 
whom  the  same  are  issued,  upon  any  s:reet, 
public  highway,  dock  or  pier,  or  in  any  park 
or  square,  in  the  city  of  New  York,  or  upon 
any  -water  adjacent  thereto,  over  which  said 
city  has  jurisdictio-n,  to  solicit  patronage  for 
any  hotel,  or  inn,  or  passengers  or  patronage 
for  any  steamer,  steamboat,  ship,  vessel  or 
railroad,  or  for  any  person  or  corporation 
selling  or  offering  for  sale  passage  tickets,  or 
contracting  or  offering  to  contract  for  pass- 
age in  any  such  steamer,  steamboat,  ship,  ves- 
sel or  railro-ad.  Such  license  shall  be  for 
the  period  of  one  year  from  the  date  thereof, 
and  every  person  receiving  such  license  shall 
pay  the  sum  of  $20  therefor  to  the  police 
board,  and  shall  also  give  to  said  board  a bond. 


88 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


with  two  good  and  sufficient  sureties  in  the 
penalty  of  $300,  conditioned  for  his  good  be- 
havior, and  the  faithful  observance  by  him 
of  the  provisions  of  this  section.  It  shall  be 
lawful  for  said  board,  upon  an  application 
made  prior  to  the  expiration  of  said  license  to 
renew  and  continue  the  same  from  year  to 
year,  provided  that  the  applicant  therefor  con- 
tinues in  all  respects  qualified,  os  herein 
provided,  to  hold  such  license,  and  the  said 
applicant  shall,  upon  receiving  such  renewal, 
pay  into  the  city  treasury  the  further  sum 
of  $12.50  per  annum  as  a renewal  fee.  Li- 
censes and  renewals  may  be  revoked  at 
any  time  by  the  said  board  for  any  cause 
satisfactory  to  it,  such  cause  to  be  stated  in 
writing  to  the  person  so  removed  at  the  time 
of  the  notice  of  his  removal.  No  person  shall 
receive  any  license  under  the  provisions  of 
this  section  who  is  not  a citizen  of  the  United 
States  and  a person  of  good  general  character; 
such  fact  to  be  proved  to  the  satisfaction  of 
the  police  board.  Said  board  shall  render 
to  the  controller  of  said  city  quarterly  ac- 
counts of  all  moneys  received  by  it  under 
the  provisions  of  this  section,  and  the  amount 
so  received  shall  be  paid  over  by  said  board 
Into  the  city  treasury. 

Id.;  special  patrolmen  for  district  tele- 
grapli  companies. 

Sec.  350.  The  police  board  is  hereby  au- 
thorized, in  addition  to  the  police  force  now 
authorized  by  law,  to  . appoint  a number  of 
persons,  not  exceeding  two  hundred,  w'ho 
may  be  designated  by  any  company  which 
may  be  opei'ating  a system  of  signaling  by 
telegraph  to  a central  office  for  police  as- 
sistance to  act  as  special  patrolmea  in  con- 
nection with  such  telegraphic  system.  And 
the  persons  so  appointed  shall,  in  and  about 
such  service,  have  all  the  powers  possessed  by 
the  members  of  the  regular  force,  except  as 
this  may  be  limited  by  the  regulations 
of  the  police  board  and  they  shall  be 
subject  to  the  supervision  and  control 
of  the  police  department.  No  person 
shall  be  appointed  as  such  special  patrol- 
man who  does  not  possess  the  qualifications 
w’hich  may  be  required  by  the  police  board  for 
such  special  service;  and  the  persons  so  ap- 
pointed shall  be  subject,  in  case  of  emergency, 
to  do  duty  as  a part  of  the  regular  police 
force.  The  police  board  shall  have  power  to 
revoke  any  such  appointment  or  appointments 
at  any  time,  and  every  person  so  appointed 
shall  wear  a badge  and  uniform,  to  be  fur- 
nished by  such  company  and  approved  by  the 
police  department.  Such  uniform  shall  be 
designated  at  the  time  of  the  first  appoint- 
ment under  this  section,  and  shall  be  the 
permanent  uniform  to  be  worn  by  said  special 
police.  The  pay  of  such  special  patrolmen 
and  all  expenses  connected  with  their  service 
shall  be  wholly  paid  by  such  company  or 
companies,  and  no  expense  or  liability  shall  at 
any  time  be  incurred  or  paid  by  the  police 
department  for,  or  by  reason  of,  the  services 
of  the  persons  so  as  aforesaid  appointed. 

Police  pension  fund;  police  hoard, trus- 
tees of;  powers  over. 

Sec.  351.  The  police  board  shall  be  the  trus- 
tees of  the  police  pension  fund  hereinafter 
meartioned.  The  treasurer  of  said  hoard  shall 
be  treasurer  of  the  pension  fund.  He  shall, 
before  entering  upon  his  duties  as  treasurer 
thereof,  execute  and  deliver  to  said  hoard,  a 
bond  in.  the  penal  sum  of  one  hundred  thous- 
and dollars,  to  he  approved  by  the  controller 
of  the  city  of  New  York,  and  conditioned  for 
the  fdlthful  discharge  of  his  duties,  and  that 
he  shall  pay  over  and  account  for  all  moneys 
"and  property  which  shall  come  to  his  hands 
as  such  treasurer.  Such  trustees  shall  have 
charge  of  and  administer  said  funds,  and  from 
time  to  time  invest  the  same,  or  any  part 


thereof,  as  they  shall  deem  most  beneficial  to 
said  fund,  and  they  are  empowered  to  make  all 
necessary  contracts  and  take  all  necessaiY  and 
proper  actions  and  proceedings  in  the  premis- 
es and  to  make  payments  from^  such  fund 
of  pensions  granted  in  pursuance  of  this  act, 
and  also  pensions  now  charged  on  said  fund 
or  any  part  thereof  by  or  under  existing  laws, 
and  said  trustees  shall  be  the  legal  successors 
of  the  trustee  or  trustees  of  the  police  life 
insurance  fund,  and  of  any  police  pension  fund 
heretofore  existing  within  the  limits  of  the 
city  of  New  York,  as  constituted  by  this  act, 
including  the  pension  fund  of  the  park  police, 
of  the  mayor,  aldermen  and  commonalty  of 
the  city  of  New  York,  and  the  pension  fund  of 
the  park  police  of  the  city  of  Brooklyn. 

The  said  trustees  may,  and  they  are  author- 
ized and  empowered,  from  time  to  time  to 
establish  such  rules  and  regulations  for  the 
disposition,  investment,  preservation  and  ad- 
ministration of  the  police  pension  fund  as 
they  may  deem  best.  They  shall  report  in 
detail  to  the  municipal  assembly  of  the  city 
of  New  York,  annually,  in  the  month  of  Jan- 
uary, the  condition  of  the  police  pension  fund 
and  the  items  of  receipts  and  disbursements 
on  account  of  the  same.  No  payments  what- 
ever shall  be  allowed  or  made  by  said  trus- 
tees from  said  fund  as  reward,  gratuity  or 
compensation  to  any  person  for  salary  or 
services  rendered,  to  or  for  said  trustees, 
except  payment  of  legal  expenses. 

Id.;  funds  to  be  paid  trustees;  exemp- 
tion from  execution  and  process; 
false  swearing-  in  pension  claims. 

Sec.  352.  The  said  police  pension  funds  ex- 
isting in  s«i.ld  city  of  New  York,  as  constituted 
by  this  act  or  in  any  part  thereof  when  this  act 
takes  effect,  and  all  moneys,  bonds,  invest- 
ments, securities,  revenues  and  incomes  there- 
of, or  belonging  thereto,  in  whose  hands  so- 
ever or  wherever  the  same  may  be,  shall 
be  paid  over  and  delivered  on  demand  to  the 
said  trustees  of  the  pension  fund  as  consti- 
tuted by  this  act.  The  moneys,  securities 
and  effects  of  the  police  pension  fund,  and 
all  pensions  granted  and  payable  from  said 
fund  shall  be  and  are  exempt  from  execution 
and  from  all  process  and  proceedings  to  en- 
join and  recover  the  same  by  or  on  behalf  of 
any  creditor  or  person  having  or  asserting 
any  claims  against,  or  debt  or  liability  of, 
any  pensioner  of  said  fund.  Every  person 
who  knowingly  or  willfully  in  any  wise  pro- 
cures the  making  or  presentation  of  any  false 
or  fraudulent  affidavit  or  affirmation  concern- 
ing any  claim  for  pension  or  payment  thereof 
shall  in  ev  >ry  such  case  forfeit  a sum  not 
exceeding  two  hundred  and  fifty  dollars,  to 
be  sued  for  and  recovered  by  and  in  the  name 
of  the  said  trustees,  and  when  recovered,  to  be 
paid  over  to  and  thereupon  become  a part 
of  the  said  police  pension  fund.  Any  person 
who  shall  willfully  swear  falsely  in  any  oath 
or  affirmation  in  obtaining  or  procuring  any 
pension  or  payment  thereof,  under  the  pro- 
visions of  this  chapter,  shall  be  guilty  of  per- 
jury. 

Id.;  of  wliat  if  consists. 

Sec.  353.  The  said  police  pension  fund  shall 
consist  of: 

1.  The  capital,  interest.  Income,  dividends, 
cash,  deposits,  securities  and  credits  former- 
ly belonging  to  the  police  life  insurance 
fund,  and  any  police  pension  fund,  existing 
as  aforesaid  with  the  addition  thereto,  from 
time  to  time,  of 

2.  All  forfeitures  imposed  by  the  police 
department  from  time  to  time,  upon  or 
against  any  member  or  members  of  the  po- 
lice force;  and  of 

3.  All  rewards,  fees,  gifts,  testimonials 
and  emoluments  that  may  be  presented,  paid 
or  given  to  any  member  of  the  police  force 


on  account  of  police  services,  except  such 
as  have  been  or  shall  be  allowed  by  the  po- 
lice department  to  be  retained  by  the  said 
members,  and  also  all  gifts  or  bequests 
which  may  be  made  to  the  said  pension  fund, 
or  to  the  said  police  board  as  trustees  there- 
of. 

4.  Ail  lost,  abandoned,  undlaimed  or  stol- 
en money  remaining  in  the  possession  of 
the  property  clerk  of  tbe  police  department 
for  the  space  of  one  year,  and  for  which 
there  -shall  he  no  lawful  claimant,  and  all 
moneys  arising  from  the  sale  by  said  prop- 
erty clerk  of  unclaimed,  abandoned,  lost  or 
stolen  property,  and  all  mopeys  realized, 
derived  or  received  from  the  sale  of  any 
condemned,  unfit  or  unserviceable  proper- 
ty belonging  to  or  in  the  possession  or  under 
the  control  of  the  police  department;  and  of 

5.  All  moneys,  pay,  compensation  or  sal- 
ary, or  any  part  thereof,  forfeited,  deducted 
or  withheld  from  any  member  or  members 
of  the  police  force  on  account  of  absence 
for  any  cause,  lost  time,  sickness  or 
other  disability,  physical  or  mental,  to  be 
paid  monthly  by  the  treasurer  of  the  police 
board  to  the  police  pension  fund. 

6.  All  moneys  derived  or  received  from 
any  licenses  or  certificates  granted  or  given 
under  section  340  of  this  act. 

7.  Any  sum  out  of  or  share  of  excise 
moneys  derived  from  the  granting  of  licen- 
ses or  permission  to  sell  strong  or  spirit- 
uous liquors,  ale,  wine  or  beer,  or  out  of 
or  of  any  moneys  paid  for  taxes  upon  the 
business  of  trafficking  in  or  selling  or  deal- 
ing in  strong  or  spirituous  liquors,  ale, 
wine,  or  beer,  which  by  law  was,  at  the  time 
of  the  taking  effect  of  this  act,  applicable  to 
or  appropriated  to  any  police  pension  fund 
then  existing  within  the  limits  of  tbe 
city  of  New  York,  as  constituted  by 
this  act,  and  such  sum  or  share  shall 
be  paid  in  equal  quarterly  installments 
by  the  controller  of  the  city  of  New  York, 
or  other  person  or  officer  having  the  legal 
custody  therfeof.to  the  treasurer  of  the  police 
pension  fund  without  any  action  or 
thority  of  or  from  any  other  official  body  or 
officer. 

8.  All  moneys  received  or  derived  from 
the  granting  or  issuing  of  permits  to  carry 
pistols  in  said  city,  and  no  p«-mit  shall  be 
granted  or  issued  to  any  person  except 
upon  the  payment  of  two  dollars  and  fifty 
cents  in  advance  to  the  chief  of  police,  nor 
shall  any  such  permit  continue  in  force  for 
more  than  one  year,  when  another  may  be 
issued  from  year  to  year,  upon  the  pay- 
ment of  a like  sum.  The  chief  of  police  is 
authorized  to  grant  and  issue  permits  for 
such  purpose  in  proper  cases,  upon  the  pay- 
ment of  the  sum  aforesaid,  and  all  such 
moneys  Shall  he  paid  over  to  the  treasurer 
of  the  police  pension  fund. 

9.  All  moneys  derived  or  received  from 
the  granting  or  issuing  the  permits,  or  the 
giving  of  permission  to  give  masked  balls, 
entertainments  or  parties,  or  either  of 
them,  in  the  city  of  New  York.  No  mas- 
querade or  fancy  dress  bail,  or  other  enter- 
tainment, shall  be  held,  given  or  permitted 
in  the  city  of  New  York,  except  upon  con- 
dition that  a license  fee  therefor  of  not  less 
than  five  dollars  nor  more  than  one  hun- 
dred dollars  shall  first  be  paid  to  tbe 
police  department  who  are  authorized  to 

» demand  and  receive  the  same  for  the  bene- 
fit of  the  police  pension  fund. 

10.  Asumof  moneyequal  to  but  notgreater 
than  two  per  centum  of  the  monthly  pay, 
salary  or  compensation  of  each  member  of 
the  police  force,  which  sum  shall  be  de- 
ducted monthly  by  the  treasurer  of  the 
police  hoard  from  the  pay,  salary,  or  com- 
pensation »cf  each  and  every  member  of  the 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


39 


police  force,  and  the  said  treasurer  of  said 
board  Is  hereby  authorized,  empowered  and 
directed  to  deduct  the  said  sum  of  money 
as  aforesaid  and  forthwith  to  pay  the  same 
to  the  treasurer  of  the  trustees  of  the  poiice 
pension  fund. 

11.  Any  and  all  other  moneys  and  funds 
which,  but  for  the  passage  of  this  act, 
would  have  been  part  of  or  applicable  to 
any  police  pension  fund  at  the  time  this 
act  takes  effect  or  thereafter  within  the 
limits  of  the  city  of  New  York,  as  consti- 
tuted by  this  act. 

12.  And  any  and  all  unexpended  bal- 
ances of  appropriation  or  amounts  esti- 
mated, levied,  raised  or  appropriated  for 
the  payment  of  saiaries  or  compensation  of 
members  of  the  police  force  within  said 
city  of  New  York  remaining  unexpended  or 
unapplied  after  allowing  all  claims  pay- 
able therefrom.  And  the  police  board  may, 
and  it  is  hereby  authorized  to  pay  over  to 
the  police  pension  fund  such  unexpended 
balances  or  any  part  thereof,  at  any  time 
after  the  expiration  of  the  year  for  which 
the  same  were  made  and  appropriated,  and 
after  allowing  sufficient  to  satisfy  all 
claims  payable  therefrom  as  aforesaid. 

13.  In  case  the  amount  derived  from  the 
different  sources  mentioned  and  included 
in  this  section  shall  not  be  sufficient  at  any 
time  to  enable  the  police  department  to 
pay  in  full  the  pensions  which  have  been 
or  which  may  hereafter  be  granted,  it 
shall  be  the  duty  of  the  police  department 
each  year  at  the  time  of  making  up  the 
departmental  estimate,  to  prepare  a full 
and  detailed  statement  of  the  assets  of 
said  police  pension  fund  and  the  amount 
which  is  required  to  pay  in  full  all  such 
pensions  and  to  present  the  same  to  the 
board  of  estimate  and  apportionment  to- 
gether v,dth  a Statement  of  the  amount  of 
money  required  to  enable  the  said  board 
to  pay  the  said  pensions  in  full.  It  shall 
be  the  duty  of  said  board  of  estimate  and 
apportionment  and  the  municipal  assembly 
to  make  an  appropriation  sufficient  to  pro- 
vide for  such  deficiency,  and  the  amount  so 
appropriated  shall  be  included  in  the  tax 
levy,  and  the  controller  shall  pay  over  the 
money  to  the  treasurer  of  the  police  pen- 
sion fund. 

14.  And  the  said  police  board,  as  trustees 
, of  the  police  pension  fund,  is  hereby  au- 
thorized and  empowered  to  take  and  hold, 
as  trustees  of  such  fund,  any  and  all  gifts 
or  bequests  which  may  be  made  to  such 
fund. 

Id.;  pensions  cla.sslfied. 

Sec.  354.  The  police  board  shall  have  power, 
in  its  discretion,  to  retire  and  dismiss  from 
membership  in  the  said  police  force,  and 
thereupon  to  grant  pensions  to,  as  hereinafter 
provided,  any  member  of  the  police  force  of 
said  city  who  shall  have  become  disabled, 
physically  or  mentally,  or  superannuated  by 
age  so  as  to  be  unfit  for  police  duty,  and  to 
v/idows  and  orphaius  of  such  members  to  be 
paid  from  the  police  pension  fund  to  the 
trustees  thereof,  as  follows: 

1.  To  the  widow  of  any  member  of  any 
police  force  within  the  limits  of  said  city, 
who  shall  have  been  killed  while  in  the  ac- 
tual performance  of  duty,  or  shall  have  died 
from  the  effects  of  any  injury  received 
whilst  in  the  actual  discharge  of  such  duty, 
or  who  has  died,  or  who  .shall  hereafter  die 
after  ten  years  of  service  in  any  police 
force  within  the  limits  of  the  city  of  New 
York,  as  constituted  by  this  act,-  or 
who  shall  have  been  retired  upon  a 
pension.  If  there  be  no  child  or  children 
under  eighteen  years  of  age  of  any  such 
member,  the  sum,  of  not  exceeding  three 


hundred  dollars  per  annum;  but  if  there  be 
any  such  child  or  children  of  such  member 
under  the  age  aforesaid,  then  the  said  sum 
may  be  divided  between  such  widow,  child 
or  children  in  such  proportions  and  in  such 
manner  as  the  said  trustee  may  direct;  pro- 
vided, however,  that  the  foregoing  provision 
shall  not  be  applicable  to  the  widow,  child 
or  children  of  any  member  of  any  police 
force  within  the  limits  of  said  city  who 
shall  have  been  killed  or  died  prior  to  the 
taking  effect  of  this  act,  unless  such  widow, 
child  or  children  would  have  been  entitled  to 
a pension  under  the  laws  in  force  at  that 
time;  and  provided  further  that  in  no  event 
shall  such  widow,  child  or  children  receive  a 
greater  pension  than  she,  it  or  they  would 
have  been  entitled  to  under  the  laws  in  force 
immediately  prior  to  the  taking  effect  of 
this  act. 

2.  Subject  to  the  like  limitations,  to 
any  child  or  children  under  eighteen 
years  of  age  of  such  member  killed  or  dy- 
ing as  aforesaid  cr  pensioner  as  aforesaid, 
but  leaving  no  widow,  or,  if  a widow,  then 
after  her  death  to  such  child  or  children 
being  yet  under  eighteen  years  of  age,  a 
sum  not  exceeding  three  hundred  dollars 
per  annum. 

3.  Subject  to  the  like  limitations,  to 
any  such  member  of  any  such  police 
force  who,  whilst  in  the  actual  performance 
of  duty  and  by  reason  of  the  performance 
of  such  duty  and  without  fault  or  miscon- 
duct on  his  part,  shall  have  become  perma- 
nently disabled,  physically  or  mentally,  so 
as  to  be  unfitted  to  perform  full  police  duty, 
a sum  not  to  exceed  one-half  nor  less  than 
one-fourth  of  his  rate  of  compensation  per 
annum. 

4.  To  any  such  member  of  the  said  police 
force  who  shall,  after  ten  years,  and  less 
than  twenty-five  years  membership  in  any 
such  police  force,  become  superannuated  by 
age,  permanently  insane  or  mentally  in- 
capacitated, or  disabled  physically  or  men- 
tally so  as  to  be  unfitted  cr  unable  to  per- 
form. full  police  duty  by  reason  of  such  dis- 
ability or  disease  contracted  without  mis- 
conduct on  his  part,  a sum  not  to  exceed 
one-half  nor  less  than  one-fourth  of  his  rate 
of  compensation  per  annum. 

Id.;  when  memhevs  of  force  entitled  to 
pension;  amount  and  duration. 

Sec.  355.  Any  member  of  the  police  force 
being  of  the  age  of  55  years,  who  has  or  shall 
have  performed  duty  on  such  police  force  as 
aforesaid  for  a period  of  twenty  years  or  up- 
ward, upon  his  own  application  In  writing, 
may,  or  upon  a certificate  of  so  many  of  the 
police  surgeons  as  the  police  board  may  re- 
quire, showing  a member  of  whatever  age 
who  has  served  twenty  years  is  permanently 
disabled,  physically  or  mentally  so  as  to  be 
unfit  for  duty,  shall,  by  order  of  the  police 
board,  be  relieved  and  dismissed  from  said 
force  and  service  and  placed  on  the  roll  of 
the  police  pension  fund,  and  av/arded  and 
granted,  to  be  paid  from  said  pension  fund, 
an  annual  pension  during  his  lifetime  of  a 
sum  not  less  than  one-half  of  the  full  salary 
or  compensation  of  such  member  so  retired; 
and  any  member  of  the  police  force  who  has, 
or  shall  have  performed  duty  on  any  such 
force  aforesaid,  for  a period  of  twenty-five 
years  or  upward,  being  of  the  age  of  55  years, 
or  any  member  of  any  such  police  force  who 
is  an  honorably  discharged  soldier  or  sailor 
from  the  army  and  navy  of  the  Unitel  States 
in  the  late  civil  war,  who  shall  have  reached  ' 
the  age  of  60  years,  or  any  such  soldier  or 
sailor  w'ho  has  performed  duty  on  any  such 
force  for  a period  of  twenty  years,  upon  his 
own  application  in  yriUag.  Pfovidecl  tliei'e 


are  no  charges  against  him  pending,  must  be 
relieved  and  dismissed  from  said  force  and 
service  by  the  department  and  placed  on  the 
roll  of  the  police  pension  fund  and  awarded 
and  granted,  to  be  paid  from  said  pension 
fund,  an  annual  pension  during  his  lifetime 
of  the  sum  of  not  less  than  one-half  of  the 
full  salary  or  compensation  of  such  member 
so  retired;  and  the  said  department  may  in 
like  manner  relieve  and  dismiss  from  the 
service  and  place  on  the  roll  ’ of  the  police 
pension  fund,  and  grant  and  award  a pension 
to  any  member  of  said  force  other  than  an 
honorably  discharged  soldier  or  sailor  of  the 
Mexican  or  late  civil  war  who  shall  have 

reached  the  age  of  60  years.  The  said  police 

department  shall  award  and  grant  pensions 
to  the  chief  of  police  of  $3,000;  to  each  deputy 
chief  of  police  $2,500;  to  each  inspector  $1,750; 
to  each  captain  of  police,  $1,375,  and  to  each 
sergeant  and  detective  sergeant  of  police 
hereafter  relieved  and  dismissed  from  said 
force  and  service  and  placed  on  the  roll  of  the 
pension  fund,  as  hereinbefore  provided,  the 
sum  of  $1,000  per  annum  hereafter,  and  to 
each  captain  of  police  heretofore  re- 
lieved and  dismissed  from  said  force 

and  placed  on  the  roll  of  the  police 

pension  fund,  as  hereinbefore  provided, 
who.  at  the  time  when  he  was  so  relieved  and 
dismissed  and  at  the  time  when  he  was  so 
placed  on  the  roll  of  said  pension  fund,  was 
receiving  an  annual  salary  of  $2,750,  the  sum 
of  $1,375  per  annum  hereafter.  Pensions 
granted  under  this  section  shall  he  for  the 
natural  life  of  the  pensioner,  and  shall  not  be 
revoked,  repealed  or  diminished.  In  case  any 
member  shall  have  voluntarily  left  any  such 
police  force  and  entered  into  the  United 
States  service,  and  served  in  the  war  of  the 
rebellion,  in  the  army  or  navy  and  received 
an  honorable  discharge,  and  afterward  shall 
have  been  reinstated  or  re-appointed 

in  the  police  force,  the  time  of  his 
service  in  the  army  or  navy  shall 

be  considered  as  continuous  service  in 
the  police  force.  Pensions  may,  in  the  dis- 
cretion of  the  said  police  department,  be  con- 
tinued and  paid  to  the  widows  and  children, 
or,  if  no  widow,  to  the  child  or  children  while 
under  the  age  of  18  years,  of  any  member  of 
the  police  force  to  whom  pensions  shall  have 
been  granted,  provided,  however,  that  such 
pensions  to  such  widows  or  children,  as  the 
case  may  be,  shall,  in  no  instance,  exceed  $600 
per  annum,  and  the  same  may  in  the  dis- 
cretion of  the  said  board,  be,  from  time  to 
time,  and  at  any  time  diminished,  modified  or 
revoked ; provided,  however,  that  no  member 
of  either  of  the  police  forces  by  this  ^ct  con- 
solidated, having  a right  to  retire  upon  a pen- 
sion at  the  time  this  act  takes  effect,  shall  be 
deprived  of  such  right  by  reason  of  his  re- 
maining upon  the  police  force,  or  of  anything 
in  this  act  contained.  In  determining  the 
terms  of  service  of  any  member  of  the  police 
force,  service  in  the  municipal  and  metropol- 
itan force,  and  subsequently  in  the  police 
force  of  The  City  of  New  York,  as  heretofore 
constituted,  or  in  any  police  force  within  the 
limits  of  The  City  of  New  York  as  hereby  con- 
stituted, and  thereafter  in  the  police  force 
created  by  this  act,  shall  be  counted  and  held 
to  be  service  in  the  police  force  of  The  City  of 
New  York  for  all  the  purposes  of  this  chap- 
ter. [Thus  amended  by  Chapter  3S0,  Laws 
of  1808.] 

Irt.;  vilieu  certain  ijcii.sion.s  terniiiinfe; 

oaiializini;'  existing-  ijcnsions. 

Sec.  356.  Pensions  to  wido-\vs  shall  terminate 
when  the  widow  .shall  re-marry,  and  pensions 
to  children  shall  terminate  -whenever  the  chil- 
dren shall  respectively  marry  or  arrive  at  the 
age  oi  eighte^at  Shte.  P.&Uce  board  mav. 


40 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


In  its  discretion,  order  any  pension  granted, 
or  any  part  thereof  to  cease,  or  be  diminish- 
ed, except  those  pensions  as  to  which  it  is 
otherwise  provided  in  this  act,  and  as  therein 
provided;  but  in  all  such  eases  the  said  police 
board  shall  tile  with  the  trustees  of  the  police 
pension  fund  a written  statement  of  the  causes 
which  determined  the  police  board  in  ordering 
any  pension  so  to  cease  or  be  diminished;  and 
nothing  herein,  or  in  any  other  ant  contained 
shall  rfcnder  the  granting  of  any  pension 
obligatory  on  the  police  board  or  chargeable 
as  a matter  of  right  upon  said  police  pension 
fund,  except  as  herein  provided.  All  existing 
peiiisions  lawfully  granted,  payable  out  of  the 
police  life  insurance  fund,  or  any  police 
pension  fund  of  which  the  police  board  are 
made  trustees  by  this  chapter,  and  not  law- 
fully revoked,  are  continued  and  shall  be  paid 
out  of  the  police  pension  fund  in  pursuance 
of  the  limitations  and  provision-s  of  this 
chapter. 

lil.;  eertiiicnte  of  disability;  depart- 

iiieiit  jin2i.\'  iu2ilve  rsBle.s. 

Sec.  357.  No  member  of  the  police  force 
shall  be  granted,  awarded,  or  paid  a pension 
on  account  of  physical  or  mental  disability 
or  disease,  unle.ss  a certificate  of  so  many  of 
the  police  surgeons  as  the  police  board  may 
require,  which  shall  set  forth  the  cause,  na- 
ture and  extent  of  the  disability,  disease  or 
Injury  of  such  member  shall  be  filed 
in  the  department.  And  no  mem- 
ber shall  be  retired  upon  pension  or  be 
pensioned,  nor  shall  any  pension  be  awarded, 
granted  or  paid  except  as  provided  in  this 
chapter,  any  other  law'  to  the  contrary  not- 
withstanding. The  said  police  department  is 
authorized  and  empowered  to  make  and  adopt 
all  such  rules,  orders  and  regulations  as  are 
or  may  be  necessary  to  carry  out  and  enforce 
the  provisions  of  this  act  as  to  pensions. 

Electioii.s ; powers  traijsferre*!  to  police 

l>oar«l;  boarti  and  ollices  abolished. 

Sec.  358.  -Ml  the  rights,  powers,  authority, 
duties  and  obligations, immediately  heretofore 
by  iaw'  vested  in  or  imposed  upon  the  board 
of  elections  of  the  city  of  Brooklyn,  or  upon 
the  commissioners  or  either  of  them  compriis- 
ing  such  board,  or  upon  the  police  commis- 
sioners of  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York,  with  respect  to 
elections,  shall  forthwith  by  fo'rce  of  and  as 
an  effect  of  this  chapter  be  transferred  to 
and  continue  in  and  upon  the  police  board 
created  by  this  act,  except  in  so  far  as  the 
same  shall  be  contrary  to  or  inconsistent  j 
with  the  provisions  of  the  election  law  and 
of  this  chapter.  The  board  of  elections  of 
the  city  of  Brooklyn  and  the  tenure  or  term 
of  office  of  the  commissioners  comprising  such 
board  and  each  of  them  are  hereby  abolished. 

General  bureau  of  elections;  control 

tit;  br:inelies. 

Sec.  359.  There  shall  be  in  the  police  de- 
partment created  by  this  chapter  a bureau 
to  be  known  and  designated  as  the  general 
bureau  of  elections  of  the  city  of  New  York, 
which  shall  be  located  at  police  headquarters 
in  the  borough  of  Mannattan.  Branches  of 
said  general  bureau  shall  be  established  as 
follows:  One  in  the  borough  of  The  Bronx; 
one  in  the  borough  of  Brooklyn,  one  in  the 
borough  of  Richmond  and  one  in  the  borough 
of  Queens.  Said  police  board  shall  have  cog- 
nizance and  control  of  said  general  bureau 
of  elections,  and  of  the  branches  thereof,  and 
of  the  officers,  employes,  affairs  and  adminis- 
tration of  said  general  bureau  and  its 
branches. 

Id.;  nmnagement;  snpei'intendeut. 

Sec.  360.  The  affairs  of  said  general  bureau 
of  elections  and  of  said  branches  thereof, 
ttntter  and  subject  to  such  rules,  regulations 


and  orders  as  may,  from  time  to  time,  be 
made  by  said  police  board,  not  inconsistent 
withthe  provisions  of  the  election  law  or  of  this 
chapter,  shall  be  managed,  conducted  and  car- 
ried on  by  a person  chosen  and  appointed  by 
said  police  board  who  shall  be  known  as  the 
superintendent  of  elections  of  the  city  of  New 
York;  and  such  other  officers,  clerks,  assist- 
ants and  employes  as  may  be  selected  or 
appointed  as  hereinafter  provided. 

Id.;  ai>i>ointment  of  chiefs  of  branches 

and  stssistants;  salaries  of  assistants; 

detailing  members  of  police  force. 

Sec.  361.  Said  police  board  shall  also  pro- 
vide and  appoint  for  each  of  the  said  branch 
bureaus  a chief  of  such  branch  bureau  and 
such  clerks,  or  other  assistants,  and  furnish 
such  accommodationrs  and  supplies  for  the 
conduct  and  administration  of  said  general 
bureau  and  its  branches,  and  their  duties  and 
affairs  as  may  be  reasonably  necessary,  and 
shall  fix  the  grade,  rank,  duties  and  salaries 
of  such  clerks  and  other  assistants.  Said  po- 
lice board  shall  pay  said  salaries  in  equal 
monthly  installments.  Said  police  board  shall 
detail  to  said  general  bureau  and  its  branches 
such  patrolmen  and  other  members  of  the  po- 
lice force  as  may  be  necessary  from  time  to 
time  for  the  faithful  performance  by  said 
general  bureau  and  its  branches  of  their  func- 
tions and  duties. 

Id.;  oftieers’  terms  and  salaries;  re- 
movals. 

See.  362.  The  said  superintendent  of  elections 
shall  hold  his  office  for  five  years,  and  shall 
receive  a salary  of  $6,000  a year.  The  chiefs 
of  the  branch  bureaus  of  elections  of  the  bor- 
oughs of  Kings,  Richmond,  The  Bronx  and 
Queens  shall  receive  such  salaries  re- 
spectively as  shall  be  fixed  by  the  police 
board,  not  to  exceed  the  sum  of  $4,000  a year 
for  the  chief  of  the  branch  bureau  of  elec- 
tions in  the  borough  of  Brooklyn,  $1,500  a 
year  in  the  borough  of  The  Bronx,  and  $1,500 
a year  in  each  of  the  boroughs  of  Richmond 
and  Queens.  Such  salaries  shall  be  paid  by 
the  police  board  in  equal  mon  thly  installments. 
Said  superintendent  of  electiO’ns  and  chiefs 
of  branch  bureaus  shall  each  be  removable  at 
any  time  by  the  police  board  for  cause. 

Id.;  employes  contiiiaed  in  serviee. 

Sec.  363.  Until  said  police  board  shall  other- 
wise provide,  the  clerks,  assistant  clerks,  and 
other  employes  attached  to  or  in  the  service 
of  the  board  of  elections  of  the  City  of  Brook- 
I lyn  when  this  chapter  takes  effect  shall  con- 
tinue in  the  service  and  employment  of  the 
said  general  bureau  of  elections  or  said  branches 
thereof,  and  they  shall  have  the  same  salaries 
and  perform  the  same  duties  as  heretofore. 
But  said  police  board  shall  have  the  power 
to  fi:^  the  salaries,  duties  and  rank  of  such 
clerks,  assistant  clerks  and  other  employes. 

Id.;  appropriation  for  expenses  of. 

Sec.  364.  The  board  of  estimate  and  appor- 
tionment and  the  municipal  assembly  shall 
annually  include  in  its  final  estimate  and  in  Its 
appropriations  for  the  police  department  each 
year,  such  sums  as  may  be  necessary  to  pay 
the  expenses  of  said  general  bureau  of  elec- 
tions and  branches  thereof,  including  salaries 
and  compensations  of  the  said  superintendent 
of  elections,  and  the  chiefs  of  the  branch  bu- 
reaus thereof,  and  of  all  other  clerks  and  as- 
sistants therein.  The  sums  so  included  in  the 
said  estimate  shall  also  be  included  in  the 
yearly  tax  levy  upon  the  estates,  real  and  per- 
sonal, in  the  said  city  of  New  York. 

Id.;  superintendent  tlie  ctief  executive 
oiiicer;  annual  repoi’t. 

Sec.  365.  The  superintendent  of  elections 
shall  be  the  chief  executive  officer  of  the  gen- 
eral bureau  of  elections  and  be  chargeable  with 


and  responsible  for  the  execution  of  the  pro- 
visions of  the  election  law  and  the  rules  and 
regulations  of  the  police  board  relating  to  said 
general  bureau  or  any  of  its  branches.  He 
shall  render  to  the  police  board  in  each  year 
a statement  of  the  operations  and  expenses  of 
the  general  bureau  of  elections  and  the 
branches  thereof,  together  with  an  estimate  of 
the  expenses  thereof  for  the  ensuing  year,  and 
such  recommendations  in  reference  to  the  elec- 
tion law  and  the  rules  and  regulations  of  the 
police  board  relating  to  the  election  bureau 
and  as  to  elections  as  to  him  may  seem  advis- 
able. 

Id.;  chiefs  of  brandies;  duties;  loca- 
tion of  olfices. 

Sec.  366.  The  chief  of  a branch  bureau  of 
elections  shall  perform  such  duties  as  now 
are  or  which  may  hereafter  be  prescribed  by 
the  election  law,  and  the  rules  and  regulations 
of  the  police  board.  He  shall  be  subject  to  the 
orders  and  directions  of  the  superintendent  of 
elections  under  the  rules  and  regulations  of 
the  said  board,  and  his  office  shall  be  located 
at  the  police  headquarters  in  the  borough  in 
which  he  is  appointed  to  serve. 

Id.;  election  expenses  n ebarge  against 
tbe  city. 

Sec.  367.  The  legal  compensation  of  all  in- 
spectors of  election,  poll  clerks  and  ballot 
clerks,  the  expenses  of  registration  and  re- 
vision of  registration  required  by  law,  and 
of  the  compilation  and  publication  of  the 
registry  of  electors,  of  all  necessary  notices, 

: posters,  maps,  advertisements,  registers, 
books,  blanks  and  stationery,  rent  and  cost 
of  fitting  up,  warming,  lighting,  cleaning  and 
s^fe  keeping  of  all  places  of  registration,  re- 
vision of  registration 'and  polling  places,  and 
of  all  supplies  of  every  kind  and  nature  for 
and  all  other  necessary  expenses  of  all  elec- 
tions in  the  city  of  New  Yprk,  as  constituted 
by  this  act,  or  any  territory  included  therein 
shall  be  a charge  against  the  city  of  New 
York  and  shall,  upon  proper  certificates  and 
vouchers,  be  paid  in  the  same  manner  as  by 
law  is  provided  for  the  payment  of  the  other 
expenses  of  and  charges  against  the  said  city. 
And  the  sums  necessary  for  the  purposes  and 
payment  specified  in  this  section  shall,  by  the 
board  of  estimate  and  apportionment  and  the 
municipal  assembly,  he  included  in  the  an- 
nual budget  each  year,  and  such  sums  shall 
also  be  included  in  the  yearly  tax  levy  upon 
the  estates,  real  and  personal,  in  the  city  of 
New  York. 

Id.;  existing  records  and  property 
transferred  to  custody  of. 

Sec.  368.  All  books,  documents,  papers,  rec- 
ords and  election  appliances  or  appurtenances 
held  or  used  by  or  under  the  control  of  the 
board  of  elections  of  the  city  of  Brooklyn, 
or  the  board  of  police  commissioners  of  the 
city  of  Neiw  York,  or  the  bureau  of  elections 
in  said  city,  or  other  officers  having  cogni- 
zance of  the  conduct  of  elections  in  the  city 
of  New  York  as  constituted  by  this  act  shall 
be  transferred  to  the  care,  custody  and  con- 
trol of  the  general  bureau  of  elections  created 
by  this  chapter,  but  shall  be  in  such  oare, 
custody  and  control,  subject  to  the  orders  of 
the  police  board. 

Id.;  superintendent  to  destroy  registers 
of  electors,  etc. 

Sec.  369.  The  superintendent  of  the  general 
bureau  of  elections  under  the  direction  of  the 
police  hoard  in  the  city  of  New  York  is  here- 
by authorized  and  directed  not  less  than  two. 
'years  after  each  election,  to  sell  or  destroy  all 
registers  of  electors,  statements  of  canvass 
and  tally  sheets;  provided  that  two  copies  of 
the  register  of  electors  for  each  election  dis- 
trict, to  be  selected  by  the  superintendent  of 
the  general  bureau  of  elections,  shall  be  ex« 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


41 


cepted  and  preserved  from  such  sale  or  de- 
struction. 

Id.;  applicatiou  of  preceding  section. 

Sec.  370.  The  provisions  of  section  367  of 
this  act  shall  apply  to  and  include  the  ma- 
terial and  records  of  former  elections  which 
may  at  any  time  be  in  the  custody  of  said 
general  bureau  of  elections  or  branches  there- 
of, but  shall  not  at  any  time  apply  to  nor  in- 
clude any  material  or  records  of  any  election 
as  to  which  any  proceeding  may  at  any  time 
be  pending  in  any  court,  and  such  material 
or ' records  shall  remain  on  file  and  be  pre- 
served. 

Disposition  of  proceeds  of  sal  ?s. 

Sec.  371.  All  moneys  realized  by  sales  under 
this  chapter  shall  be  paid  over  to  the  cham- 
berlain of  the  city  of  New  York  to  the  credit 
of  the  general  fund  of  said  city. 

Sec.  372.  Designation  of  station  houses  for 
confinement  of  women — Tne  police  board  shall 
designate  one  or  more  station  houses  for  the 
detention  and  confinement  of  women  under 
arrest  in  the  city  of  New  York.  Such  board 
may  at  any  time  designate  for  such  purpose 
any  additional  station  house  or  houses,  or 
may  Revoke  the  designation  of  any  station 
house  or  houses  theretofore  designated,  pro- 
vided that  at  least  one  such  station  house 
shall  at  all  time  be  so  designated  for  such 
purpose  in  such  city.  In  every  station  house 
to  which  police  matrons  are  appointed  toilet 
accommodations  shall  be  provided  for  such 
matrons,  which  acommodations  shall  be 
wholly  separate  and  apart  from  the  toilet  ac- 
commodations provided  for  prisoners,  or  for 
the  other  officers  attached  to  such  station 
house. 

Sec.  373.  Appointment  of  police  matrons — 
The  police  board  shall  appoint  for  each  sta- 
tion house  designated  in  the  last  section,  not 
more  than  two  respectable  women,  who  shall 
be  known  as  police  matrons,  in  the  same 
manner  and  under  restrictions  governing  the 
appointment  of  patrolmen  so  far  as  the  same 
may  be  applicable,  except  that  any  rule  or 
regulation  as  to  the  age  of  a person  appointed 
patrolman  shall  not  apply  to  matrons  appoint- 
ed under  this  act.  No  women  shall  be  ap- 
pointed a police  matron  unles3  suitable  for 
the  position  and  recommended  therefor  in 
writing  by  at  least  twenty  women  of  good 
standing,  residents  of  the  city  of  New  York. 
Police  matrons  shall  be  appointed  to  station 
houses  to  which  police  courts  are  attached 
and  to  station  houses  which  are  in  close  prox- 
imity to  a police  court.  In  case  there  is  no 
police  court  in  close  proximity  to  a station 
house  in  said  city,  then  police  matrons  may 
be  appointed  to  any  station  house  therein. 

Sec.  374.  Police  matrons  to  be  members  of 
uniformed  force — Such  police  matrons  shall 
be  regular  members  of  the  uniformed  police 
force,  and  shall  have  the  same  standing  in 
the  police  department  and  be  subject  to  the 
same  fines,  discipline  and  benefits  as  patrol- 
men. They  shall  be  provided  with  a suitable 
shield  or  badge,  or  badge  of  office,  and  shall, 
while  on  duty,  wear  a uniform  similar  in 
color  to  that  worn  by  other  members  of  the 
uniformed  police  force.  No  police  matron 
who  shall  become  a member  of  the  uniform- 
ed police  force  shall,  under  any  pretence 
whatever,  share  in  for  her  own  benefit,  any 
present,  fee,  gift  or  emolument  for  police 
services,  or  for  services  of  the  police  depart- 
ment or  any  member  thereof,  additional  to 
her  regular  salary;  and  It  shall  be  cause  for 
removal  from  the  police  force  for  any  matrons 
thereof  to  receive  any  such  reward  or  present 
or  to  receive  compensation  for  any  privilege 
whatsoever  which  she  may  grant  to  the  wo- 
men prisoners  under  her  charge. 


Sec..  375.  Terms  of  office,  removal,  salary — 
Police  matrons  shall,  upon  appointment,  hold 
office  until  removal,  and  they  may  be  re- 
moved at  any  time,  by  the  authority  appoint- 
ing them,  under  the  regulations  prescribed 
for  the  removal  of  patrolmen.  Immediately 
upon  the  death,  resignation  or  removal  of  a 
police  matron,  her  successor  shall  be  appoint- 
ed in  the  manner  hereinbefore  provided.  A 
police  matron  shall  receive  the  same  salary 
as  the  doorman  in  the  station  house  to  which 
she  may  be  appointed. 

Sec.  376.  'Duties  of  police  matrons — When 
only  one  police  matron  is  attached  to  a police 
station,  she  shall  reside  there,  or  within  a 
reasonable  distance  therefrom,  and  shall  hold 
herself  in  readiness  to  respond  to  any  call 
therefrom  at  any  hour,  day  or  night,  and 
eacb  matron  shall,  during  such  hours  as  may 
be  fixed  by  the  police  board,  remain  in  such 
station  and  hold  herself  in  readiness  to  re- 
spond to  any  call  therefrom.  So  long  as  any 
woman  is  detained  or  held  under  arrest  in  a 
police  station  to  which  a matron  is  attached, 
it  shall  be  the  duty  of  such  matron  to  remain 
constantly  thereat  ready  for  service;  or,  if 
tfiere  be  more  than  one  matron  attached  to 
such  station,  then  one  of  them  shall  be  con- 
stantly ready  for  service.  A police  matron 
shall,  subject  to  the  officer  In  charge  of  such 
station  house,  have  the  immediate  care  and 
charge  of  all  women  held  under  arrest  in  the 
station  to  which  sEie  is  attached,  and  she  may 
at  any  time  call  upon  tfie  officer  in  command 
of  such  station  for  assistance.  She  shall  be 
subject  to  the  authority  of  the  police  board 
and  to  the  rules  and  regulations  prescribed 
by  such  authority;  but  at  the  station  where 
she  may  be  appointed  on  duty  she  shall  be 
subject  only  to  the  authority  of  tfie  officer  in 
command  thereof.  [Added  by  Chapter  674, 
Laws  of  1899.] 

Sec.  377.  Police  board  to  provide  accommo- 
dations for  women — It  shall  be  the  duty  of 
the  police  board  to  provide  sufficient  accom- 
modations for  women  held  under  arrest  to 
keep  them  separate  and  apart  from  the  cells, 
corridors  and  apartments  provided  for  males 
under  arrest,  and  to  so  arrange  each  station 
house  that  no  communication  can  be  had 
between  the  men  and  women  therein  confined, 
except  witb  the  consent  of  the  matron  or  of- 
ficer in  command  of  said  station  house.  No 
officer,  other  than  the  matron,  shall  be  admit- 
ted to  the  corridor  or  cells  of  the  women 
prisoners  without  the  consent  of  the  officer 
in  command  of  said  station  house.  [Added  by 
Chapter  674,  Laws  of  1899.] 

Sec.  378.  Proceedings  where  woman  is  ar- 
rested— Whenever  a woman  is  arrested  and 
taken  to  a police  station,  to  whicEi  a matron 
is  attached,  it  shall  be  the  duty  of  the  officer 
in  command  of  the  station  to  cause  such 
matron  to  be  summoned  forthwith,  and  when- 
ever a female  is  arrested  in  any  precinct  to 
which  no  matron  is  attached  she  shall  be 
taken  directly  to  the  station  house  designat- 
ed to  receive  the  women  prisoners  of  the  pre- 
cinct in  which  the  arrest  is  made.  No  such 
separate  confinement  nor  any  such  removal 
of  any  woman,  shall  operate  to  take  from 
any  court  any  jurisdiction  which  it  would 
have’  had.  The  term  “woman”  used  in  sec- 
tions iSiTee  hundred  and  seventy-two  to  three 
hundred  and  eighty  inclusive,  shall  not  in- 
clude any  female  either  actually  or  apparent- 
ly under  the  age  of  sixteen  years  whose  care 
is  assumed  by  any  society , referred  to  in  sec- 
tion two  hundred  and  ninety-three  of  the 
penal  code;  but  every  such  female  shall  be 
taken  directly  to  a station  house  designated 
to  receive  women  prisoners  and  shall  be  at 
once  transferred  therefrom  by  the  officer  in 


charge,  to  the  custody  of  such  society, 
[Added  by  Chapter  674,  Laws  of  1899.] 

Sec.  379.  Appropriation  for  salary  and  main* 
tenance  — The  board  of  estimate  and  appor- 
tionment and  the  municipal  assembly  shall 
appropriate  annually  such  sum  as  may  ba 
necessary  for  the  separate  care  and  con- 
finement in  station  houses  of  all  women 
arrested  in  such  city,  and  for  the  appoint- 
ment, salary  and  maintenance  of  police  ma- 
trons. [Added  by  Chapter  674,  Laws  of  1899.] 
Sec.  380.  Matrons  to  contribute  to  pension 
fund  and  share  therein — Every  police  matron 
upon  being  appointed  to  the  uniformed  force, 
shall,  each  year  thereafter,  and  under  the 
regulations  prescribed  for  patrolmen,  contrib- 
ute two  per  centum  of  the  salary  received  by 
her  to  the  pension  fund  of  the  police  force, 
and  all  fines  and  forfeitures  imposed  upon  po- 
lice matrons  of  the  uniformed  force,  or  emolu- 
ments received  by  them  under  the  regulations 
prescribed  for  patrolmen,  shall  be  contributed 
to  the  pension  fund  of  the  police  force.  A 
police  matron  who  shall  have  performed  duty 
on  such  police  force  for  a period  of  twenty 
years  or  upward,  upon  her  own  application  ia 
writing  may,  or  upon  the  certificate  of  so 
many  of  the  police  surgeons  as,  the  police 
board  may  require  showing  that  a matron  of 
whatever  age  who  has  served  twenty  years  as 
police  matron  is  permanently  disabled  physi- 
cally or  mentally,  so  as  to  be  unfit  for  duty, 
shall,  by  order  of  the  police  board,  be  relieved 
and  dismissed  from  said  force  and  service  and 
placed  on  the  roll  of  the  pension  fund,  and 
awarded  and  granted  to  be  paid  from  said 
fund  an  annual  pension  during  her  life  time 
of  a sum  not  less  than  one-half  of  the  full 
salary  or  compensation  of  such  matron  so  re- 
tired. Pensions  granted  under  this  sectioa 
shall  be  for  the  natural  life  of  the  pensioner 
and  shall  not  be  revoked  or  diminished.  The 
police  board  shall  have  power  in  its  discre- 
tion, to  retire  or  dismiss  from  membership 
in  the  police  force  and  thereupon  grant  a pen- 
sion to,  any  police  matron  who  shall  after  tea 
years  and  less  than  twenty-five  years’  mem- 
bership in  any  such  police  force  become  phys- 
ically or  mentally  incapacitated  for  further 
service  in  the  department  through  injuries 
received  during  the  performance  of  her  du- 
ties. [Added  by  Chapter  674,  Laws  of  1899.] 
Sec.  381.  Certain  act  not  applicable — Chap- 
ter four  hundred  and  twenty  of  the  laws  of 
eighteen  hundred  and  eighty-eight,  entitled 
“An  act  to  provide  for  police  matrons  in 
cities,”  as  amended  by  chapter  ninety  of  the 
laws  of  eighteen  hundred  and  ninety-two, 
shall  not  be  applicable  to  the  city  of  New 
York.  [Added  by  Chapter  674,  Laws  of  1899.J 

CHAPTER  IX. 

BOROUGH  OFFICERS,  LOCAL,  BOARDS 

AND  LOCAL  IMPROVEMENTS. 

Title  1.  Borough  officers. 

2.  Local  boards. 

3.  Local  improvements. 

TITLE  1. 

BOROUGH  OFFICERS. 
President;  qualifications,  term,  elec- 
tion, salary. 

Section  382.  There  shall  be  a president  of 
each  borough,  who  must  be  a resident  there- 
of at  the  time  of  his  election  and  remain  a 
resident  thereof  throughout  his  term  of  office. 
The  president  and  his  successors  shall  be 
elected  by  the  electors  of  the  borough  at  all 
the  elections  whereat  the  mayors  of  the  city 
of  New  York  are  respectively  to  be  elected. 
The  president  shall  hold  his  office  for  a term 
of  four  year,s,  commencing  at  noon  on  th* 
first  day  of  January  next  after  hisi  electioQ* 


42 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


The  salary  of  the  presidents  of  the  boroughs 
of  Manhattan,  of  the  Bronx  and  of  Brooklyn, 
respectively,  shall  be  five  thousand  dollars  a 
year,  and  the  salary  of  the  presidents  of  the 
boroughs  ol  Queens  and  of  Richmond,  re- 
spectively, shall  be  three  thousand  dollars  a 
year.’  A president  of  a borough  may  be  re- 
moved by  the  mayor  on  charges,  subject  to  the 
approval  of  the  governor  of  the  state  of  New 
York.  Any  vacancy  in  the  office  of  president 
caused  by  removal  from  the  borough, 
or  otherwise,  shall  be  filled  for  the  unexpired 
terra  by  an  election  to  such  vacancy  made 
by  a majority  vo^e  of  all  the  members  of  the 
municipal  assembly  then  in  office  representing 
said  borough,  and  in  case  of  any  such  vacancy 
It  shall  be  the  duty  of  the  mayor  forthwith 
to  call  such  members  in  session  for  such  an 
election  and  to  preside  thereat;  but  he  shall 
not  vote  unless  his  vote  be  necessary  to  decide 
the  election.  In  case  of  the  disability  of  any 
president  of  the  borough  caused  by  protracted 
Illness  there  shall  be  elected  in  the  same 
manner  as  for  a vacancy  a president  of  the 
borough  pro  tempore,  who  shall  aot  until  the 
president  is  able  to  perform  the  duties  of 
his  office. 

I’resiilent;  i)Owers  nml  duties. 

Sec.  383.  A president  of  a borough  sha^l,  by 
virtue  of  his  office,  be  a member  of  the  local 
board  of  every  district  of  local  Improvements 
in  his  borough,  and  chairman  thereof,  en- 
titled to  preside  at  its  meetings  and  to  vote 
as  any  other  member,  but  he  shall  not  have 
the  power  of  veto.  He  shall  have  an  office 
in  such  hall  or  public  building  of  the  borough 
as  the  municipal  assembly  may  by  resolution 
direct.  He  shall  have  power  to  appoint  a 
secretary  and  other  assistants  and  clerks, 
if  provision  be  made  therefor  by  the  board  of 
estimate  and  apportionment  and  the  munici- 
pal assembly  and  within  the  proper  appro- 
priation, to  fix  thoir  salaries.  The  said  secre- 
tary, assistants  and  clerks  shall  hold  office 
at  the  pleasure  of  the  president. 

Pre.sideut  to  call  mcetiiiS'S  of  local 

board. 

Sec.  384.  A president  of  the  borough  shall 
call  all  meetings  of  the  various  local  boards 
of  the  borough,  and  shall  give  such  notice 
thereof  to  the  members  as  the  ordinances  of 
the  municipal  assembly  may  require.  And  he 
shall  certify  all  resolutions,  proceedings  and 
determinations  of  the  local  boards  of  the  dis- 
tricts of  local  improvements  in  his  borough. 

Halls  or  buildings  to  be  locate«l  in 

eacb  borongli. 

Sec.  385.  There  may  be  when  prescribed  by 
this  act  a hall  or  public  building  or  buildings 
in  each  borough,  at  which  may  be  stationed 
deputies  of  such  of  the  various  administra- 
tive departments  of  the  city  government,  as 
may  be  authorized  by  the  board  of  public 
Improvements,'  for  the  greater  convenience  of 
the  people  of  the  city  in  the  discharge  of  the 
duties  thereof,  provided  such  deputies  or  di- 
visions shall  be  in  all  things  as  much  a part 
of  each  department  respectively,  and  as  fully 
under  the  head  thereof,  as  if  the  administra- 
tive force  of  said  department  v/cre  seated 
wholly  in  one  building. 

TITLE  2. 

LOCAL  BO-\UDS. 

DlJ^fricfs  of  local  Iraproveracnt s. 

Sec.  390.  For  the  purposes  of  local  improve- 
ments the  territory  of  the  city  of  New  York 
Is  hereby  divided  into  certain  districts  of  lo- 
cal improvements.  The  districts  so  consti- 
tuted shall  be  named  or  numbered  or  oth- 
erwise distinguished  by  the  municipal  assem- 
bly. As  first  constituted  by  this  act  there  shall 
be  twenty-two  districts  of  local  improve- 
jjTonta  which  shall  together  comprise  all  of  the 


territory  by  this  act  consolidated  into  the  city 
of  New  York.  The  territory  in  each  of  the  sen- 
atorial districts  of  the  state  of  New  York  situat- 
ed in  yhole  or  in  part  within  the  limits  of  the 
city  of  New  York,  as  constituted  by  this  act, 
as  such  districts  are  divided  by  the  consti- 
tution of  the  state  of  New  York  in  force 
January  1,  1895,  and  to  the  extent  that  they 
are  within  the  limits  of  said  city,  and  as 
therein  ' bounded  and  described,  shall  consti- 
tute a separate  district  of  local  improvements, 
that  shall  be  bounded  and  described  in  the 
same  terms  as  is  the  same  territory  when 
contained  in  a senatorial  district,  as  aforesaid. 
The  municipal  assembly  shall,  whenever  nec- 
essary, supplement  and  complete  the  descrip- 
tion of  the  boundaries  of  any  district. 

Tlie  local  Ijoartl  now  constifntert,  juris- 

tlief  ion. 

Sec.  391.  There  shall  be  in  each  and  every 
district  of  local  improvements  a board  of  local 
improvements  to  be  known  and  described  as 
“the  local  board,”  to  be  Intrusted  with  the 
powers  by  this  act  prescribed.  The  jurisdic- 
tion of  each  local  board  shall  be  confined  to 
the  district  for  which  it  is,  constituted  and  to 
those  subjects  or  matters  the  costs  and  ex- 
penses whereof  are  in  whole  or  in  part  a 
charge  upon  the  peopie  or  property  of  the 
district  or  a part  thereof,  except  so  far  as 
by  this  act  jurisdiction  may  otherwise  be 
given  over  matters  of  local  administration 
within  such  district.  Each  local  board  shall 
consist  of  the  president  of  the  borough  where- 
in the  district  is  situated,  by  virtue  of  his 
office,  and  of  each  member  of  the  municipal 
assembly,  who  is  a resident  of  such  local  im- 
provement district,  by  virtue  of  his  office  and 
during  his  term,  as  such  member.  Removal 
from  the  district  shall  vacate  their  offices  as 
members  of  the  said  local  board.  The  mem- 
bers of  a local  board  shall  serve  as  such  mem- 
bers without  compensation.  If  any  proposed 
local  improvement  specified  in  section  393  of 
this  aot  shall  embrace  the  territory  or  affect 
the  property  of  more  than  one  district  of  local 
improvements,  the  members  of  the  local 
boards  of  all  the  districts  so  affected  shall, 
tor  all  proceedings  in  the  matter  of  such  im- 
provement, constitute  the  local  board  for  the 
purposes  thereof,  and  its  proceedings  shall 
in  all  respects  conform  to  the  provisions  of 
this  act  that  regulate  the  proceedings  of  any 
other  locai  board. 

III.;  procedure. 

Sec.  392.  The  action  of  a local  board  shall 
be  by  resolution,  subject  to  the  procedure  gov- 
erning resolutions  passed  by  the  municipal 
assembly,  and  conformably  thereto,  save  that 
they  need  not  be  submitted  to  the  mayor  of 
the  city  of  New  York  for  his  approval. 

Id.;  powers. 

Sec.  393.  A local  board,  subject  to  the  re- 
strictions provided  by  this  act,  shall  have 
power  in  all  cases  where  the  cost  of  the  im- 
provement is  to  be  met  in  whole  or  in  part 
hy  assessments  upon  the  property  beneiited, 
to  recommend  that  proceedings  be  initiated 
to  open,  close,  extend,  widen,  grade,  pave,  re- 
grade, repave  and  r>pair  the  streets,  avenues 
and  public  places,  and  to  construct  lateral 
sewers  within  the  district;  to  flag  or  reflag, 
curb  or  r->curb  the  sidewalks,  and  to  relay 
crosswalks  on  such  streets  and  avenues;  to 
set  or  to  reset  street  lamps;  and  to  provide 
signs  designating  the  names  of  the  streets.  A 
local  board  shall  have  power  to  hear  com- 
plaints of  nuisances  in  streets  or  avenues, 
or  against  disorderly  houses,  drinking  saloons 
conducted  without  observance  of  the  licenses 
therefor,  gambling  houses  or  any  other  places 
or  congregations  violative  of  good  order  or  of 
the  laws  of  this  state,  or  other  matters  or 
things  concerning  the  peace,  comfort,  order 


and  good  government  respecting  any  neigh- 
borhood within  the  district,  or  concerning  the 
condition  of  the  poor  within  the  district,  and 
to  pass  such  resolutions  concerning  the  same 
as  may  not  be  inconsistent  with  the  powers 
of  the  municpal  assembly  or  of  the  respective 
administrative  departments  of  the  city  of 
New  York,  and  to  aid  such  municipal  assem- 
bly and  departments  in  the  discharge  of  their 
duties  respecting  the  good  government  of  the 
said  district. 

III.;  meeling;-;  secretary;  tiuorum. 

Sec.  394.  Meetings  of  each  local  board  shall 
be  held  at  the  main  hall  or  public  building 
of  the  borough.  It  shall  be  the  duty  of  the 
president  to  call  such  meetings  whenever  in 
his  opinion  the  public  business  shall  require, 
or  whenever  he  shall  receive  the  written  re- 
quest of  any  three  members  of  a local  board. 
The  secretary  of  the  president  of  the  borough 
shall  act  as  the  secretary  of  each  local  board, 
in  the  borough,  without  additional  compen- 
sation. He  shall  keep  a record  of  all  resolu- 
tions, proceedings  and  determinations  of  each 
local  board,  and  shall  file  the  same  in  the 
office  of  the  president  of  the  borough,  and  he 
shall  discharge  such  other  duties  as  may  be 
prescribed  by  this  aot,  or  by  the  mii^icipal 
assembly,  or  by  the  president  of  the  borough, 
or  by  a local  board.  The  president  of  a 
local  board  and  one  other  member  thereof  shall 
constitute  a quorum  for  the  transaction  of 
business  at  any  meeting  duly  called. 

TITLE  3. 

LOCAL  IMPROVEMENTS. 
Presiileiit;  iluty  on  receipt  of  petition. 

Sec.  400.  When  a peitition  for  a local  im- 
provement within  the  jurisdictiop  of  a local 
board  has  been  received  by  the  president  of 
the  borough,  it  shall  be  his  duty  to  appoint  a 
time  for  a meeting  of  the  proper  locai  board, 
not  more  than  fifteen  days  thereafter,  at  which 
meeting  such  petition  will  by  him  be  submit- 
ted to  the  said  local  board  and  he  shall  there- 
upon cause  a notice  to  be  published  in  the 
City  Record,  that  such  petition  has  been  pre- 
sented to  him  and  is  on  file  in  his  office  for 
inspection,  and  of  the  time  when  and  of  thi/ 
place  where  there  will  be  a meeting  of  the 
local  board  at  which  such  petition  will  be  sub- 
mitted by  him,  to  said  board,  which  time  shall 
not  be  less  than  ten  days  after  the  publication 
of  the  notice.  ; . , . ; j 

Local  board,  proceedings  after  petition 

Sec.  401.  The  local  board,  after  the  submis- 
sion of  such  petition  and  consideration  of  the 
same,  may  then,  as  the  petition  shall  ask,  rec- 
ommend that  proceedings  be  initiated  to  open, 
to  close,  to  extend,  to  widen,  to  regulate, 
to  grade,  to  curb,  to  gutter,  to  flag,  and  to 
pave  streets,  to  lay  crosswalks  and  to  con- 
struct lateral  sewers  within  its  district,  and 
generally  for  such  other  improvements  in  and 
about  such  streets  within  its  district  as  the 
public  wants  and  convenience  of  the  district 
shall  require. 

Id.;  to  fraiisinit  resolatlon;  farther 
l>i'ocedure;  expenses  to  be  a lieu. 

Sec.  402.  If  the  local  board  shall  by  reso- 
lution decide  to  recommend  that  proceedings 
be  initiated  for  a local  improvement  within  its 
jurisdiction,  it  shall  thereupon,  forthwith, 
transmit  a copy  of  such  resolution  to  the 
board  of  public  improvements.  Said  board 
shall  promptly  consider  such  resolution,  and 
if,  in  its  opinion,  the  work  proposed  ought 
to  be  proceeded  with,  it  shall  take  such  steps 
in  regard  thereto  as  are  in  this  act  provid- 
ed in  the  cases,  where  public  works  are  pro- 
posed and  initiated  by  said  board  of  public 
improvements.  The  expense  of  all  such  im- 
provements shall  be  assessed  and  be  a lien 
on  the  property  benefited  thereby  in  DroDor«  » 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


43 


tion  to  the  amount  of  said  benefit,  and  in  no 
case  shall  extend  beyond  the  limits  of  said 
district. 

Local  boards,  power  to  flag  sidewplks, 
etc. 

Sec.  403.  A local  board  shall  have  the  power 
to  cause  the  fiagging  or  refiagging  of  side- 
walks, laying  or  relaying  of  crosswalks,  fenc- 
ing vacant  lots,  digging  down  lots  or  filling 
in  sunken  lots  within  its  district,  by  resolu- 
tion approved  by  the  board  of  public  improve- 
ments. When  ^such  public  work  or  improve- 
ment shall  have  been  duly  authorized,  the 
board  of  public  improvements  shall  direct  the 
proper  department  to  proceed  forthwith  in  the 
execution  thereof,  as  in  cases  where  public 
works  are  proposed  and  initiated  by  said 
board  of  public  improvements. 

Constrnction  of  tbis  title. 

Sec.  404.  Nothing  in  this  title  contained 
shall  be  construed  to  in  any  way  limit  the 
power  of  the  board  of  pubiic  improvements 
or  of  the  municipal  assembly,  or  of  the  board 
of  public  improvements  and  the  municipal  as- 
sembly conjointly,  in  authorizing  any  public 
improvement,  nor  shall  anything  herein  con- 
tained be  construed  to  authorize  any  local 
board  to  incur  any  expenditures  other  than  as 
authorized  by  the  board  of  estimate  and  ap- 
portionment. 

CHAPTER  X. 

THE  BOARD  OF  PUBLIC  IMPROVE- 
MENTS. 

Title  1.  Beard  of  public  improvements. 

2.  Map  or  plan  of  the  city  of  New  York; 
map  of  sewer  system  and  sewer  dis- 
tricts. 

3.  General  provisions  relating  to  de- 

partments. 

4.  Department  of  water  supply. 

5.  Department  of  highways. 

6.  Department  of  street  cleaning. 

7.  Department  of  sewers. 

8.  Department  of  pubiic  buildings, 

lighting  and  supplies. 

9.  Department  of  bridges. 

TITLE  1. 

BOARD  OP  PUBLIC  IMPROVEMENTS. 
Board  of  public  improvements;  how 
constitnled. 

Sec.  410.  There  shall  be  in  the  city  of  Ner.' 
York  a beard  of  public  improvements,  to  con- 
sist of  the  president  of  said  beard,  the  mayor, 
the  co-rpora\‘ion  counsel,  the  controller,  the' 
commissioner  of  water  supply,  the 
commlsioner  of  highways,  the  commis- 
sioner of  street  cleaning,  the  commissioner  of 
sewers,  the  commissioner  of  public  buildings, 
lighting  and  supplies,  the  commissioner  of 
bridges  and  the  presidents  of  ^the  several  bor- 
cug&s,  by  virtue  of  their  respective  offices. 
TUe  mayor,  the  corpo'ration  counsel,  the  con- 
troller, and  the  presidents  of  the  several  bor- 
ov.ghs  shall  not  be  counted  as  members  of  the 
beard  for  the  purpose  of  ascertaining  if  a quo- 
rum be  present.  No  president  of  a borough 
shall  have  a vote  in  said  board  except  upon 
matters  relating  exclusively  to  the  borough  of 
which  he  is  president. 

Id.;  president;  salary;  powers. 

Sec.  411.  The  president  of  the  board  of  pub- 
lic Improvements  shall  be  appointed  by  the 
mayor  and  hold  his  office,  as  provided  in  chap- 
ter IV  of  this  act.  His  salary  shall  be  $8,000 
a year.  He  shall  be  a metnber  of  the  board  of 
revision  of  assessments. 

The  said  president  shall  have  power  to  des- 
ignate one  of  the  members  of  said  beard  as 
vice  president. 

The  president,  or  in  his  absence,  the  vice 
president,  shall  preside  at  all  meetings  of  said 
board,  shall  certify  all  proceeding.®  ^hereof. 


except  as  otherwise  provided,  and  shall  cause 
all  reports  required  by  said  board  to  be  made 
from  the  departments  without  delay. 

The  president  shall  have  power,  in  all 
cases  of  difference  in  the  said  board  con- 
cerning the  disposition  of  any  pubiic  work, 
to  assign  such  work  to  one  or  more  of  the  de- 
partments for  execution;  and  in  case  there 
shall  arise  any  disagreement  between  the  dif- 
ferent departments ’represented  on  said  board, 
other  than  the  department  of  finance  and  the 
law  department,  or  between  contractors  re- 
spectively undertaking  work  pursuant  to  con- 
tracts let  by  the  different  departments,  the 
president  shall  decide  such  matter  and 
his  decision  shall  be  final  until  and  Unless 
such  decision  shall  be  reversed  by  the  board 
of  public  improvements.  In  case  of  the  in- 
ability of  the  president  to  decide  any  of  such 
matters  by  reason  of  sickness,  or  absence 
from  the  city,  for  a period  not  less  than  three 
days,  the  mayor  shall  have  power  to  decide 
the  same. 

The  president  shall  have  the  power  to  vote, 
but  his  approval  shall  not  be  necessary  for 
the  validity  of  any  resolution  of  the  said 
board. 

Id.;  secretary;  office;  meetings;  Quo- 
rum, etc. 

Sec.  412.  The  president  of  said  board  shall 
have  power  to  appoint  and  remove  a secretary 
of  the  board,  and  such  other  clerks  as  may  be 
necessary.  The  secretary  shall  attend  its  meet- 
ings, keep  and  preserve  a record  of  its  pro- 
ceedings, and  perform  such  other  clerical  du- 
ties as  the  board  or  the  president  may  from 
time  to  time  direct.  The  salary  of  the  sec- 
retary and  of  all  clerks  within  the  proper 
appropriation,  shall  be  fixed  and  regulated 
by  the  said  board. 

The  municipal  assembly  shall  make  provi- 
sion for  an  office  and  a meeting  room,  in  the 
borough  of  Manhattan,  for  said  board  of 
public  improvements.  The  said  board  shall 
meet,  once  a week  at  least,  for  the  considera- 
tion of  public  business,  and  the  president  of 
the  board  may  call  meetings  of  the  said  board 
v/henever  he  may  deem  it  necessary.  A ma- 
jority of  the  members  of  the  board  who,  as 
heretofore  provided,  are  to  be  counted  for  the 
purpose  of  ascertaining  if  a quorum  be  pres- 
ent, shall  form  a quorum  for  the  transaction 
of  business,  but  final  action  shall  not  be 
had  in  any  matter  specially  concerning  the 
department  of  any  commissioner  not  in  attend- 
ance, unless  such  matter  has  theretofore  been 
made  a special  order  of  the  day.  The  saiid 
board  shall  from  time  to  time  furnish  to  the 
municipal  assembly  such  Information  and  data 
as  may  be  required  of  it,  or  as  it  may  deem 
proper  or  necessary  to  impart,  and  shall  make 
an  annual  report  to  the  mayor. 

Autliorizing  public  improvements. 

Sec.  413.  Except  as  herein  otherwise  pro- 
vided, any  public  work  or  improvement  with- 
in the  cognizanfic  and  control  of  any  one  or 
more  of  the  departments  of  the  commission- 
ers who  constitute  the  board  of  public  im- 
provements, that  may  be  the  subject  of  a con- 
tract. must  first  be  duly  authorized  and  ap- 
proved by  a resolution  of  the  board  of  public 
improvements  and  an  ordinance  or  resolution 
of  the  municipal  assembly.  But  no  public 
work  or  improvement,  involving  an  assess- 
ment for  benefit  shall  be  so  authorized 
until  there  has  been  presented  to  the  board 
of  public  Improvements  an  estimate  in  writ- 
ing, in  such  detail  as  the  board  may  direct, 
of  the  cost  of  the  proposed  work  or  improve- 
ment, and  a statement  of  the  assessed  value, 
according  to  the  last  preceding  tax  roll,  of 
the  real  estate  included  within  the  probable 
area  of  assessment.  Any  ordinance  or  resolu- 
tion of  the  municipal  assembly  approving  any 


public  work  or  improvement  shall  be  subject 
to  the  power  of  the  mayor  over  resolutions 
or  ordinances  of  the  municipal  assembly, 
which  ordinance  or  resolution,  together  with 
a statement  of  the  final  disposition  thereof, 
duly  certified  by  the  city  clerk,  shall  be 
transmitted  to  the  board  of  public  improve- 
ments. When  a public  werk  or  improvement 
shall  have  been  duly  authorized,  as  afore- 
said, then,  but  not  until  then,  it  shall  be  law- 
ful for  the  proper  department  to  proceed  in 
the  execution  thereof,  in  accordance  with  tha 
provisions  and  subject  to  the Timitations  of 
this  act.  Nothing  herein  contained  shall  be 
construed  as  conferring  on  the  board  of  pub- 
lic improvemeints  any  of  the  exclusive  powers 
vested  by  law  in  any  of  the  said  commission- 
ers in  his  department  concerning  the  details 
of  any  work  or  improvement. 

3Snnicli»al  assembly;  restrictions  on 
IsoTiers  of. 

■Sec.  414.  It  shall  not  be  lawful  for  the 
municipal  assembly  to  enter  directly  into 
contract  for  any  pubftc  work  or  improvement 
whatsoever. 

When  proposals  to  enter  upon  public  work 
of  any  character  falling  within  the  jurisdic- 
tion of  the  various  departments  represented 
in  the  board  of  public  improvements  originate 
in  the  municipal  assembly,  before  an  ordin- 
ance or  resolution  authorizing  the  same  or 
providing  money  therefor  shall  be  adopted, 
a report  must  be  had  from  the  board  of  pub- 
lic improvements  as  to  the  desirability  there- 
of. Said  board  shall  report  in  as  much  de- 
tail as  possible,  and  shall  submit  an  approxi- 
mate, and,  whenever  practicable,  a detailed 
estimate  of  cost.  If  the  report  of  the  beard 
of  public  improvements  be  favorable  to  the 
project,  an  ordinance  or  resolution  author- 
izing the  same  may  be  passed  in  the  usual 
manner;  but,  if  the  report  of  the  board  of 
public  improvements  be  unfavorable,  an  or- 
dinance or  resolution  authorizing  the  project 
shall  be  passed  only  by  a vote  of  five-sixths 
of  both  houses  of  the  municipal  assembly  and 
be  approved  by  the  mayor. 

Boarrt  of  public  improvements;  power 
witli  respect  to  certain  subjects. 

2'  ‘ 'f’-'V'  -cv ( 

Section  415.  The  board  of  pilblic  improve- 
ments shall  have  power  over  the  following 
subjects: 

(1)  The  adoption  of  a map  or  plan  for 
any  part  of  the  city  of  New  York  for  which 
no  final  map  or  plan  has  been  adopted. 

(2)  Acquiring  title  for  the  use  of  the  pub- 
lic to  land  required  for  parks,  streets,  ap- 
proaches to  'bridges  and  tunnels,  sites  or 
lands  above  or  under  water  for  bridges  or 
tunnels. 

(3)  Acquiring  title  for  the  use  of  the  pub- 
lic to  lands,  or  easemdnts  therein,  required 
for  sewers,  as  provided  in  title  7 of  this 
chapter. 

(4)  The  approval  of  plans  for  the  sewer- 
age and  drainage  of  the  city  cf  New-  York, 
devieed  and  prepared  by  the  president  of 
said  board  and  the  commissioner  of  sewers. 

(5)  The  construction,  repairing  and  cleans- 
ing of  sewers  and  underground  drains. 

(6)  Repairs  and  renewal  of  pavements  and 
readjusting  the  grade  of  streets  in  con- 
nection therewith. 

(7)  Water  rents,  superintendence  of  wa- 
ter supply  pf  private  water  companies,  con- 
tractis  for  water  supply  with  private  com- 
panies or  other  municipalities. 

(8)  Any  public  work  for  which  the  money 
has  been  provided  either  in  the  tax  levy  or 
by  the  issue  of  bonds.  But  in  the  ordinance 
authorizing  the  issue  of  bonds  for  the  re- 
paving of  streets,  the  municipal  assembly 
may  designate  the  borough  or  boroughs 


44 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


which  the  money  obtained  from  the  sale  of 
Buch  bonds  shall  be  expended. 

Itl.;  to  i>rei>are  or4liiuiiioe.s,  etc. 

Sec.  416.  It  shall  be  th-e  duty  of  the  board 
of  public  improvements  to  prepare  and  to 
recommend  to  the  municipal  assembly  all  or- 
dinances and  resolutions  regulating  the  fol- 
lowing matters: 

(1)  The  laying  of  w'ater  pipes  and  the 
maliing  of  all  attachments  thereto,  and  also 
the  extending,  constructing  and  repairing 
of  the  water  works. 

(2)  The  regulating,  grading,  curbing,  gut- 
tering, flagging  and  paving  of  streets,  the 
laying  of  crosswalks,  the  constructing,  re- 
constructing and  repairing  of  streets  and 
the  making  of  all  excavations  thereiin  for 
public  purposes,  and  also  prescribing  the 
width  of  sidewalks,  and  regulating  the  m^an- 
ner  of  constructing  and  laying  the  same. 

(3)  Encroachments  upon  and  obstructions 
In  the  city  streets,  and  authorizing  and  re- 
quiring their  removal. 

(4)  The  use  of  the  streets  and  sidewalks 
for  signs,  sign  posts,  awnings,  awn- 
ing posts,  horse  troughs,  urinals,  tele- 
graph posts  and  other  purposes 

(5)  The  exhibition  of  advertisements  or 
hand  bills  along  the  streets. 

(6)  The  construction,  repair  and  use  of 
vaults,  cisterns,  areas,  hydrants  and  pumps. 

(7)  The  construction  and  repair  of  public 
markets. 

(8)  The  preservation  and  protection  of  all 
or  any  of  the  works  connected  with  the  sup- 
plying of  the  city  of  New  York  with  pure 
and  vdiolesome  water. 

(9)  The  cleaning  and  sprinkling  of  streets, 
and  the  using  of  streets  and  sidewalks  in 
building  operations  and  for  all  other  tempor- 
ary or  business  purposes. 

(10)  The  laying  of  gas  pipes  and  electric 
wires  underground,  steam  pipes,  pneumatic 
tubes  and  the  like,  and  the  lighting  of 
all  public  thoroughfares,  places,  bridges 
and  buildings,  the  inspecting  and  testing 
of  gas  or  electricity  employed  for  light, 
heating  and  power,  gas  meters,  electric 
taeters,  electric  wires,  the  use  and  trans- 
mission of  electricity  for  all  purposes  in, 
upon,  across,  over  and  under  all  streets 
and  public  buildings,  and  the  opening  of 
street  surfaces  for  the  business  of  manu- 
facturing, using  and  selling  electricity, 
gas,  steam,  or  for  the  service  of  pneu- 
matic tubes. 

(11)  The  erecting,  extending  and  repair- 
ing of  public  buildings,  other  than  school 
houses,  almshouses,  penitentiaries  and  the 
police  and  fire  station  houses. 

(12)  The  rates  of  fare  on  the  rail- 
road of  the  New  York  and  Brooklyn  bridge, 
and  upon  the  roadways  thereof,  and  upon 
any  other  bridge  or  bridges  and  the  road- 
ways thereof,  where  a fare  is,  or  may  be 
authorized  by  law,  and  for  the  safety  of 
travel  upon  any  and  all  of  the  bridges  with- 
in the  territory  of  the  city  and  not  includ- 
ed within  any  of  the  public  parks  thereof. 

(13)  The  making  of  all  contracts  for 
public  work  or  supplies,  and  agree- 
ments in  relation  thereto  by  which 
the  city  shall  be  liable  to  pay  money;  and 
BUch  ordinances  among  other  matters 
must  provide,  that  the  award,  if  any,  must 
be  made  to  the  lowest  bidder,  unless  the 
board  of  public  improvements,  by  the  vote 
of  a majority  of  its  members,  of  whom  the 
mayor  and  the  contro-ller  shall  be  two, 
shall  determine  that  it  is  for  the  public 
Interest  that  a bid  other  than  the  lowest 
tfiould  be  accepted,  and  that  no. contract 
shall  be  made  until  the  controller  certifies 


thereon  that  the  necessary  funds  are  pro- 
vided and  applicable  thereto. 

Public  improveineiit;  further  pro- 
cedure. 

Sec.  417.  All  proposed  city  ordinances  regu- 
lating the  public  work  specified  in  section  41f 
of  this  act  must  from  time  to  time  be  adopted 
or  prepared  by  said  board  of  public  improve- 
ments, and  when  approved  by  said  board, 
such  proposed  ordinances  duly  certified  shall 
be  submitted  to  the  municipal  assembly. 
And  the  municipal  assembly  shall,  without 
power  of  amendment,  take  such  ordi- 
nance or  ordinances  intO'  consideration,  and 
shall  either  enact  or  reject  the  same,  and  if 
rejected,  it  or  they  shail  be  returned  to  the 
board  of  public  improvements  for  further 
consideration.  So  far  as  may  be  possible  in 
the  first  instance,  and  so  far  as  the  public 
business  may  permit,  the  ordinances  regulat- 
ing the  matters  provided  for  in  section  416 
of  this  act  shall  be  submitted  to  the  munici- 
pal assembly  so  as  to  afford  an  entire  rule 
of  municipal  action  upon  each  of  the  differ- 
ent subjects  in  said  section  described  and 
specified. 

Board  of  public  improvemeuts ; power 

to  prescribe  rules,  etc. 

Sec.  418.  The  board  of  public  improve- 
ments may  prescribe  rules,  regulations  or 
plans  for  the  regulating,  grading,  paving, 
curbing  and  guttering  of  streets,  avenues, 
roads  and  public  places  other  than  parks,  and 
for  the  laying  of  crosswalks  and  sidewalks 
throughout  the  city. 

Contracts  for  work  or  supplies. 

Sec.  419.  All  contracts  to  be  made  or  let 
for  work  to  be  done  or  supplies  to  be  fur- 
nished, except  as  in  this  act  otherwise  pro- 
vided, and  ail  sales  of  personal  property  in 
the  custody  of  the  several  departments  or 
bureaus,  shall  be  made  by  the  appropriate 
heads  of  departments  under  such  regulations 
as  shall  be  established  by  ordinance  or 
resolution  of  the  municipal  assembly.  When- 
ever any  work  is  necessary  to  be  done  to 
complete  or  perfect  a particular  job,  or  any 
supply  is  needful  for  any  particular  pur- 
pose, which  work  and  job  is  to  be  undertaken 
or  supply  furnished  for  the  city  of  New  York, 
and  the  several  parts  of  the  said  work  or  sup- 
ply shall,  together.  Involve  the  expenditure 
of  more  than  one  thousand  dollars,  the  same 
shall  be  by  contract,  under  such  regulations 
concerning  it  as  shall  be  established  by 
ordinance  or  resolution  of  the  municipal  as- 
sembly, excepting  .such  works  now  in  progress 
as  are  authorized  by  law  or  ordinance  to  be 
dome  otherwise  than  by  contract,  and,  unless 
otherwise  ordered,  by  a vote  of  three-fourths 
of  the  members  elected  to  the  municipal  as- 
sembly; and  all  contracts  shall  be  entered 
into  by  the  appropriate  heads  of  departments, 
and  shall,  except  as  herein  otherwise  pro- 
vided, be  founded  on  sealed  bids  or  propos- 
als, made  in  compliance  with  public  notice, 
duly  advertised  in  the  City  Record,  and  the 
corporation  newspapers,  said  notice  to  be  pub- 
lished at  least  ten  days;  if  the  head  of  a de- 
partment shall  not  deem  it  for  the  interests  of 
the  city  to  reject  all  bids,  he  shall,  without 
the  consent  or  approval  of  any  other  depart- 
ment or  officer  of  the  city  government,  award 
the  contract  to  the  lowest  bidder,  unless  the 
board  of  public  improvements,  by  the  vote  of 
a majority  of  its  members,  of  whom  the  mayor 
and  the  controller  shall  be  two,  shall  deter- 
mine that  it  is  for  the  public  interest  that  a 
bid  other  than  the  lowest  should  be  accepted; 
the  terms  of  such  contract  shall  bo  settled  by 
the  corporation  counsel  as  an  act  of  prelimi- 
nary specifications  to  the  bid  or  proposal.  The 
bidder  whose  bid  is  accepted  shall  give  secur- 
ity for  the  faithful  performance  of  his  con- 


tract in  the  manner  prescribed  and  required 
by  ordinance;  and  the  adequacy  and  sufficiency 
of  this  security  shall,  in  addition  to  the  justi- 
fication and  acknowledgment,  be  approved  by 
the  controller.  All  bids  or  proposals  shall  be 
publicly  opened  by  the  officer  or  officers  adver- 
tising for  the  same  and  in  the  presence  of  the 
controller,  but  the  opening  of  the  bids  shall 
not  be  postponed  if  the  controller  shall,  after 
due  notice,  fail  to  attend.  If  the  lowest  bidder 
shall  neglect  or  refuse  to  accept  the  contract 
within  five  days  after  written  notice  that  the 
same  has  been  awarded  to  his  bid  or  proposal, 
or  if  he  accepts  but  does  not  execute  the  con- 
tract and  give  the  proper  security,  it  shali  be 
readvertised  and  relet  as  above  provided.  In 
case  any  work  shail  be  abandoned  by  a.ny  con- 
tractor, it  shall  be  readvertised  and  relet  by 
the  head  of  the  appropriate  department  in  the 
manner  in  this  section  provided.  No  bid  shall 
be  accepted  from,  or  contract  awarded  to,  any 
person  who  is  in  arrears  to  the  city  of  New 
York  upon  debt  or  contract,  or  who  is  a de- 
faulter, as  surety  or  otherwise,  upon  any  ob- 
ligation to  the  city.  Every  contract,  when 
made  and  entered  into,  as  before  provided  for, 
shall  be  executed  in  duplicate,  and  shall  be 
filed  in  the  department  of  finance,  together 
with  a copy  of  the  resolution  or  ordinance  of 
the  municipal  assembly  or  of  the  resolution  of 
the  board  of  public  improvements  or  copies 
of  both,  as  the  case  may  be,  authorizing  said 
work;  such  copies  shall  be  so  filed  within  five 
days  after  the  contract  shall  have  been  duly 
executed  by  the  contractor;  a receipt  for  each 
payment,  made  on  account  of  or  in  satisfaction 
of  the  same,  shall  be  indorsed  on  the  said 
contract  by  the  party  receiving  the  warrant, 
which  warrant  shall  be  only  given  to  the  per- 
son interested  in  such  contract,  or  his  author- 
ized representative.  No^ expenditure  for  work 
or  supplies  involving  an  amount  for  which  no 
contract  is  required  shall  be  made,  except  the 
necessity  therefor  be  certified  to  by  the  head 
of  the  appropriate  department,  and  the  ex- 
penditure has  been  duly  authorized  and  ap- 
propriated. 

Proi»osal.s  to  l»e  advertised;  deposit  to 
accompany  bid. 

Sec.  420.  Whenever  proposals  for  furnish- 
ing supplies  or  doing  work  are  invited  by  ad- 
vertisement by  any  department  or  officer,  such 
department  or  officer  is  authorized  and  di- 
rected to  require,  as  a condition  precedent  to 
the  receptiO'n  or  consideration  of  any  proposal, 
the  deposit  with  such  department  or  officer 
of  a certified  check  upon  one  of  the  state  or 
national  banks  of  the  said  city,  drawn  to  the 
order  of  the  controller,  or  of  money;  such 
checks  or  money  to  accompany  the  proposal, 
to  an  amount  not  less  than  three  nor  more 
than  five  per  centum  of  the  amount  of  the  bond 
required  by  the  department  or  officer  for 
the  faithful  performance  of  the  work  proposed 
to  be  done  or  supplies  to  be  furnished.  Within 
three  days  after  the  decision  as  to  whom 
the  contract  is  to  be  awarded,  the  controller 
shall  return  all  the  deposits  made  to  the 
persons  making  the  same,  except  the  deposit 
made  by  the  bidder  whose  bid  has  been  ac- 
cepted; and  if  the  said  bidder  whose  bid  has 
been  accepted  shall  refuse  or  neglect,  within 
five  days  after  due  notice  that  the  contract  has 
been  awarded,  to  execute  the  same,  the  amount 
of  deposit  made  hy  him  shall  be  forfeited  to 
and  retained  by  the  said  city  as  liquidated 
damages  for  such  neglect  or  refusal,  and  shall 
be  paid  into  the  sinking  fund  of  the  city, 
but  if  the  said  bidder  shall  execute  the  con- 
tract within  the  time  aforesaid  the  amount  of 
his  deposit  shall  be  returned  to  him. 

Cei-tiflcate  of  completion  to  be  filed. 

Sec.  421.  It  shall  be  the  duty  of  each  of  the 
commissioners  mentioned  in  section  410,  of 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


45 


this  act,  having  in  charge  any  work,  within 
five  days  after  the  acceptance  of  such  work, 
to  file  with  the  controller  a final  certificate 
of  the  completion  and  acceptance  thereof, 
signed  by  the  chief  engineer  or  head  of  his 
department.  The  filing  of  such  certificate 
shall  be  presumptive  evidence  that  such  work 
has  been  completed  according  to  contract. 
It  shall  also  be  the  duty  of  such  commis- 
sioner, in  the  case  of  work  to  be  paid  for  in 
whole  or  in  part  by  assessment  for  benefit, 
when  such  work  shall  have  been  com- 
pleted and  accepted,  and  all  the  expenses 
thereof  which  may  be  legally  assessed  shall 
have  been  ascertained,  to  execute  a certificate 
of  the  total  amount  of  all  the  cost  and  ex- 
penses which  shall  have  been  actually  in- 
curred by  the  city  of  New  York  on  account 
of  such  work  and  forward  the  same  to  the 
board  of  assessors  in  accordance  with  section 
946  of  this  act.  Accompanying  said 
certificate  shall  be  a copy  of  the 
resolution  or  ordinance  of  the  municipal 
assembly,  or  of  the  resolution  of  the  board  of 
public  improvements,  or  copies  of  both,  as 
the  case  may  be,  authorizing  such  work  to  be 
done,  and  also  a copy  of  any  resolution  or 
ordinance,  if  any  such  has  been  passed,  deter- 
mining that  any  proportion  of  the  cost  and 
expense  of  such  work  shall  be  borne  by  the 
city  of  New  York.  The  board  of  assessors 
shall,  upon  receiving  such  certificate,  assess 
upon  the  property  benefited,  in  the  manner 
authorized  by  law,  the  amount  of  the  certifi- 
cate, or  such  proportions  thereof  as  is  author- 
ized by  law.  The  proceedings  relative  to  levy- 
ing, confirming  and  collecting  any  such  assess- 
ments shall  be  in  accordance  with  the  pro- 
visions of  chapter  XVII  of  this  act. 

Power  to  assess  for  local  improve- 
ments. 

Sec.  422.  In  all  cases  where  the  board  of 
public  improvements  or  the  municipal  as- 
sembly or  the  board  of  public  improvements 
and  the  municipal  assembly  together,  with  or 
without  the  concurrence  or  approval  of  any 
other  board  or  officer,  are  authorized  to  de- 
termine that  a local  improvement  is  to  be 
made,  the  said  board  or  the  said  municipal 
assembly,  or  both,  as  the  case  may  be,  shall 
determine  whether  any,  and  If  any,  what  pro- 
portion, of  the  cost  and  expense  thereof  shall 
be  borne  and  paid  by  the  city  of  New  York, 
and  the  remainder  of  such  cost  and  expense 
shall  be  assessed  upon  the  property  deemed 
to  be  benefited  thereby;  and  the  assessment 
shall  be  laid  out  and  confirmed  and  collected 
In  accordance  with  the  provisions  of  chapter 
seventeen  of  this  act.  The  words  “local  im- 
provement” as  used  in  this  section  shall  be 
construed  to  mean  any  work  the  payment  of 
which  was,  prior  to  the  passage  of  this  act, 
provided  for,  by  the  laws  in  force  in  the 
territory  of  the  corporation  formerly  known  as 
the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York,  in  whole  or  in  part,  by  as- 
sessment upon  the  property  deemed  to  be 
benefited  thereby  or  the  owners  thereof,  other 
than  assessments  which  are  confirmed  by  a 
•courts  of  record.  [Thus  amended  by  Chap- 
ter 212,  Laws  of  1899.] 

Controller  to  pay  contractors. 

Sec.  423.  When  a contract  for  a public  im- 
provement shall  have  been  entered  into  and 
a certified  copy  thereof  shall  have  been  filed 
with  the  controller,  in  conformity  with  sec- 
tion 419  of  this  act,  said  controller  is  hereby 
authorized  and  directed  to  pay  to  the  contract- 
or or  his  assigns,  from  time  to  time  as  the 
work  progresses,  70  per  centum  of  the  esti- 
mated value  of  the  work  actually  done  under 
said  contract,  until  the  same  shall  have  been 
completed.  The  estimate  of  the  value  of 
any  such  work  shall  Be  signed  by  the  sur- 


veyor and  also  by  the  chief  engineer  of  the 
department  having  the  matter  in  charge,  and 
upon  the  final  completion,  of  any  contract,  and 
the  filing  of  the  final  certificate  of  comple- 
tion, the  controller  shall,  within  thirty  days 
thereafter,  or  within  thirty  days  after  the  ex- 
piration of  the  time  within  which,  according 
to  the  terms  of  the  contract,  the  city  has  to  ac- 
cept such  work,  pay  to  the  contractor  or 
his  assigns,  the  balance  of  the  amount  due 
under  said  contract;  provided,  however,  that 
the  municipal  assembly,  upon  the  recommen- 
dation of  the  board  of  public  improvements, 
may  authorize  contracts  for  asphalt  or  other 
pavements  to  be  made,  with  a guaranty  upon 
the  part  ot  the  contractor  for  one  or  more 
years,  with  a provision  for  the  retention  of  a 
percentage  of  the  amount  to  be  paid,  which 
shall  be  paid  within  thirty  days  after  the 
expiration  of  the  guarant}',  upon  the  filing 
of  a certificate  signed  by  the  chief  engineer 
of  the  department  having  the  matter  in  charge 
that  the  terms  of  the  contract  have  been  com- 
plied with.  The  payments  to  be  made  by 
the  controller  pursuant  to  this  section  shall 
be  made  out  of  the  “street  improvement 
fund,”  if  the  cost  and  expense  of  said  work 
are  to  be  assessed  in  whole  or  in  part  upon 
property  deemed  to  be  benefited  thereby.  The 
amounts  collected  from  any  and  all  assess- 
ments for  local  improvements  paid  out 
of  such  fund,  together  with  all  defaults  and 
interest  on  the  same,  are  to  be  paid  into 
said  fund. 

It  shall  be  the  duty  of,  and  lawful  tor  the 
controller,  when  thereto  authorized  by  the 
board  of  estimate  and  apportionment,  to  cre- 
ate and  issue  such  additional  amounts  of  the 
corporate  stock  of  the  city  of  New  York 
as  shall  be  necessary  to  provide  for  the  cost 
and  expense  of  such  work,  or  such  part  there- 
of as  is  to  be  borne  and  paid  by  the  city  of 
New  York;  and  the  proceeds  of  the  sale  of 
such  stock  shall  be  paid  into  the  street  im- 
provement fund. 

Manicipal  assembllj';  fnrtliei*  reistric- 

tious. 

Sec  424.  It  shall  not  be  lawful  for  the  muni- 
cipal assembly  to  release  any  contractor  with 
the  city  or  with  any  of  the  departments, 
boards,  bureaus  or  officers  thereof,  from  any 
fine  or  penalty  incurred  under  his  contract, 
save  upon  the  unanimous  recommendation  of 
the  board  of  public  improvements.  And  it 
shall  not  be  lawful  for  the  municipal  assem- 
bly to  extend  the  time  for  the  performance 
of  any  such  contract  save  upon  the  unani- 
mous recommendation  of  the  board  of  public 
improvements. 

Board  of  pablic  improvements;  further 

powers. 

Sec.  425.  The  board  of  public  improvements 
Is  authorized  and  empowered,  in  its  discre- 
tion on  the  application,  in  writ- 

ing, of  the  head  of  the  fire  depart- 
ment, to  grant  the  said  department  loca- 
tion for  apparatus  houses  in  said  department 
on  any  of  the  public  property,  streets  or 
slips  under  the  control  and  care  of  one  or 
more  of  the  commissioners  who  constitute 
said  board;  provided  that  the  said  houses 
are  so  located  and  constructed  as  in  the 
judgment  of  the  said  board  will  not  dis- 
figure or  mar  the  appearance  of  the  public 
property,  streets  or  slips,  nor  interfere  with 
the  purpose  of  travel  or  public  recreation,  and 
which  if  placed  upon  any  street,  avenue  or 
slip  shall  not  reduce  the  width  of  the  same 
between  the  curbs  for  the  purpose  of  travel  at 
the  place  of  such  location  to  less  than  thirty 
feet  on  each  side  of  said  building. 

Board  of  public  improvements;  gener- 
al ijowers. 

Sec.  426.  The  said  board  of  public  im- 
provements shall  exercise  such  powers  and 


perform  such  duties  with  respect  to  the  whole 
territory  embraced  within  the  city  of  New 
York,  as  constituted  by  this  act,  as  were 
heretofore  vested  in  the  board  of  street  open- 
ing and  improvements  of  the  corporation 
known  as  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York,  with  respect  to 
the  territory  included  within  that  municipal- 
ity, except  so  far  as  the  same  have  been  oth- 
erwise specifically  and  expressly  conferred 
by  this  act.  And  the  said  board  of  pub- 
lic improvements  shall  exercise  such  other 
powers  and  perform  such  other  duties  as  are 
vested  in  or  cast  upon  it  by  any  of  the  pro- 
visions of  this  act,  or  that  may  in  accord- 
ance with  the  law  be  devolved  upon  it  by 
the  municipal  assembly. 

TITLE  2. 

THE  MAP  OR  PLAN  OP  THE  CITY  OP 
NEW  YORK,  ESTABLISHING  OP 
GRADES,  CHANGES  THEREIN, 
MAP  OF  SEWER  SYSTEM 
AND  SEWER  DISTRICTS. 

Tlie  map  of  the  city  of  New  A'ork. 

Sec.  432.  The  map  or  plan  of  the  territory 
lying  within  the  borough  of  Manhattan,  as 
beretofoire  laid  out,  adopted  and  established 
by  the  municipal  authorities  of  the  corporation, 
known  as  ttie  mayor,  aldenmen  and  common- 
alty of  the  city  of  New  York,  and  the  map  or 
plan  of  that  part  of  the  territory  lying  within 
the  borough  of  tLe  Bronx,  laid  out  by  the 
commissioner  of  street  improvements  of  the 
Twenty-third  and  Twenty-four:lh  wards,  pur- 
suant to  chapter  545  of  the  laws  of  1890,  and 
the  acts  amendatO'ry  thereof,  as  heretofore 
duly  laid  out,  adopted  and  established  by  such, 
commissioner,  with  the  concurrence  and  ap- 
proval of  the  board  of  street  opening  and  im- 
provements, pursuant  to  law,  and  tbe  map  or 
plan  of  so  much  of  the  territory  lying  within 
the  borough  of  Brooklyn, for whichapermanent 
map  or  plan  has  been  adopted,  as  heretofore 
duly  laid  out,  adopted  and  established  by  the 
proper  municipal  authorities,  and  the  map  or 
plan  of  so  much  of  the  territory  lying  within 
tho  borough  of  Queens,  fttr  which  a perma- 
nent cnap  or  plan  has  been  adopted  by  the 
proper  municipal  authorities  of  Long  Island 
City,  as  so  laid  out,  adopted  and  established, 
showing  the  parks,  streets,  bridges  and  tun- 
nels and  approaches  to  bridges  and  tunnels,  as 
heretofore  laid  out,  adopted  and  established, 
pursuant  to  law,  and  ithe  maps  and  profiles  in- 
cluded in  or  accompanying  the  same,  showing 
the  grades  of  such  streets  duly  fixed,  adopted 
and  established,  shall  constitute  the  map  or 
plan  of  the  city  of  New  York  to  the  extent  and 
so  far  as  'they  cover  the  territory  lying  within 
the  said  city,  and  as  such  is  hereby  laid  out, 
adopted,  established  and  confirmed,  is  to  be 
deemed  final  and  conclusive  with  respect  to 
the  Iccaiion,  width  and  grades  of  the  streets 
shown  thereon,  so  far  as  such  location,  width 
and  grades  have  been  heretofore  duly  adopted, 
except  as  herein  otherwise  provided. 

Map  to  be  completed. 

Sec.  433.  It  shall  be  the  duty  of  the  presi- 
dent of  the  board  of  public  improvements,  sub- 
ject to  the  limitationis  hereinafter  provided,  to 
prepare  a map  of  so  much  of  the  territory  em- 
braced within  the  city  of  New  York,  as  con- 
stituted by  this  act,  of  which  a map  or  plan 
has  not  heretofore  been  finally  established  and 
adopted,  as  set  forth  in  section  432  of  this  act 
loca'ting  and  laying  out  all  parks,  streets, 
bridges,  tunnels  and  approaches  to  bridges 
and  tunnels,  and  indicating  the  width  and 
grades  of  all  such  streets  so  located  and  laid 
cut. 

Whenever  and  as  often  as  the  president  of 
the  board  of  public  improvements  shall  have 
completed  the  map  of  a part  of  the  territoij 


46 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


aforesaid,  he  shall  report  the  same,  together 
with  the  surveys,  maps  and  profiles,  showing 
the  parks,  streets,  bridges,  tunnels  and  ap- 
proaches to  bridges  and  tunnels,  located  and 
laid  out  by  him,  and  the  grades  thereof,  to 
the  board  of  public  improvements,  for  Us 
concurrence  and  approval,  subject,  neverthe- 
less, to  such  corrections  or  modifications  as 
In  the  judgment  of  the  majority  of  said  board 
may  be  advisable;  and  the  said  board  there- 
after shall  cause  such  map  or  plan,  and  such 
profiles,  as  finally  adopted  by  it,  to  be  certi- 
fied by  the  president  and  secretary  of  said 
board,  and  filed  as  follows:  One  copy  thereof 
In  the  office  in  which  conveyances  of  real  es- 
tate are  required  to  be  recorded  in  the  county 
In  which  the  territory  shown  upon  such  map 
Is  located;  one  copy  thereof  in  the  office  of 
the  corporation  counsel,  and  one  copy  there- 
of in  the  office  of  the  board  of  public  im- 
provements. Such  map  and  profiles,  when  so 
adopted  and  filed,  shall  become  a part  of  the 
map  or  plan  of  the  city  of  New  York,  and 
shall  be  deemed  to  be  final  and  conclusive 
with  respect  to  the  location,  width  and  grades 
of  the  streets  shown  thereon,  and  the  same 
shall  not  be  subject  to  any  further  change  or 
modification  except  as  provided  in  section  436 
of  this  act;  provided,  however,  that  the  board 
of  public  Improvements,  within  three  months 
after  the  opening  of  a street,  shall  have  the 
power  to  alter  the  grade  of  such  street,  and 
to  alter  the  grades  of  intersecting  streets,  so 
far  as  it  may  be  necessary  to  conform  the 
same  to  the  new  grades  of  the  street  opened. 

President  may  be  required  to  eomplete 
map. 

Sec.  434.  The  board  of  public  improvements, 
or  the  municipal  assembly,  with  the  approval 
of  the  mayor,  may  at  any  time  require  the 
president  of  the  board  of  public  improve- 
ments to  complete  the  map  or  plan  of  the 
whole  or  of  a part  of  the  territory  for  which 
the  map  or  plan  shall  not  at  such  time  have 
been  finally  established  and  adopted,  as  spec- 
ified in  sections  432  and  433  of  this  act,  and  to 
report  the  same  to  the  board  of  public  im- 
provements, within  a fixed  and  specified  time. 

Grades  estnblislied  by  user. 

Sec.  435.  Whenever  any  street  in  the  city 
of  New  Y(^rk  shall  have  been  used  as  such  for 
upwards  of  twenty  years  without  having  the 
grade  thereof  established  by  law,  the  level  or 
surface  of  such  street  as  so  used  shall  be 
deemed  to  be  and  to  have  been  the  grade 
thereof. 

Authority  to  cbauge  tbe  map  or  plan 

o£  the  city  or  to  change  grades. 

See.  436.  The  board  of  public  improvements 
Us  authorized  and  empo'wered,  whenever  and 
as  often  as  it  may  deem  it  for  the  public  in- 
terest so  to  do,  to,  to  initiate  a change  in  the 
map  or  plan  of  the  city  of  New  York,  so  as  to 
lay  out  new  streets,  parks,  bridges,  tunnels  and 
approaches  to  bridges  and  tunnels  and  parks, 
end  to  widen,  straighten,  extend,  alter  and 
close  existing  streets,  and  to  change  the  grade 
of  existing  streets  shown  upon  such  map  or 
plan,  by  publishing  notice  of  its  proposed  ac- 
tion for  ten  days  in  the  City  Record  and 
the  corporation  newspapers,  and  giving  an  op- 
portunity for  all  persons  interested  in  such 
change  to  be  heard,  at  a time  and  place  to 
he  specified  in  such  notrce,  such  time  to  be 
not  less  than  ten  days  after  the  first  publi- 
cation of  such  notice.  After  the  due  publica- 
ti'on  of  such  notice,  and  after  hearing  protests 
and  objections,  if  any  there  be,  against  the 
proposed  change,  if  the  said  board  ^all  favor 
such  change,  notwithstanding  , such  pro- 
tests and  objections,  it  shall  transmit  Its 
resolution  to  that  effect  to  the  municipal  as- 
sembly, together  with  the  objecti'ons,  if  any, 
which  have  been  made  in  wrlUng,  and  filed 


with  it,  and  a statement  of  its  reasons  for 
such  determination. 

If  both  houses  of  the  municipal  assembly 
concur  in  such  resolution  passed  by  the  board 
of  public  improvements,  by  passing  an  ordi- 
nance adopting  and  approving  the  same  by  a 
two-thirds  vote,  and  the  same  receives  the 
approval  of  the  mayor,  such  change  in  the 
map  or  plan  of  the  city  of  New  York,  or  In 
the  grade  of  any  street  or  streets  shown 
thereon,  shall  be  deemed  to  have  been  made. 
The  board  of  public  improvements  is  au- 
thorized and  empowered  without  the  concur- 
rence of  the  municipal  assembly,  hut  with 
the  approval  of  the  mayor,  to  change  the 
grades  of  bridges,  tunnels  and  approaches  to 
bridges  and  tunnels,  and  the  location  of  ap- 
proaches to  bridges  and  tunnels. 

Maps  o£  city  to  lie  kept  in  office  of 
corporation  eonnsel  and  office  of 
lioard  of  pnblic  improvements;  maps 
sliovring  cliangres  -nliei’e  liled. 

Sec.  437.  The  map  or  plan  of  the  city  of 
New  York  or  a certified  copy  thereof,  show- 
ing the  streets  and  parks  within  the  city  of 
New  York,  as  constituted  by  this  act,  shall 
be  kept,  one  copy  thereof  in  the  office  of  the 
corporation  counsel  and  one  copy  thereof  in 
the  office  of  the  board  of  public  improvements. 
Whenever  the  map  or  plan  of  the  city  of  New 
York,  as  heretofore  laid  out.  adopted,  es- 
tablished and  confirmed  by  this  act,  or  as 
hereafter  laid  out,  adopted  and  established, 
pursuant  to  this  act,  shall  be  changed,  and 
whenever  the  grade  of  any  street  shown  there- 
on shall  be  changed,  the  board  of  public  im- 
provements shall  forthwith  cause  the  maps 
and  profiles,  showing  such  change  in  the  map 
or  plan  of  the  city  of  New  York,  or  in  the 
grade  of  a street  or  streets  shown  therecn, 
to  be  certified  by  the  secretary  of  said  board 
and  filed  as  follows:  one  copy  thereof  in  the 
office  in  which  the  conveyances  of  real  estate 
are  required  to  be  recorded  in  the  county 
in  which  the  territory  shown  upon  said  copy 
is  located;  one  copy  thereof  in  the  office  of 
the  corporation  counsel,  and  one  copy  there- 
of in  the  ofilce  of  the  hoard  of  public  Im- 
provements. 

Drainage  and  sewer  system  to  be  com- 
l»leted. 

Sec.  438.  It  shall  be  the  duty  of  the  said 
president  of  the  board  of  public  improve- 
ments, together  with  the  commissioner  of 
sewers,  and  subject  to  the  approval  of  the 
board  of  public  improvements,  to  devise  and 
prepare,,  so  far  as  the  same  has  not  already 
been  done,  a plan  for  the  proper  sewerage 
apd  drainage  of  the  whole  of  said  city,  for  the 
purpose  of  thoroughly  draining  and  carrying 
off  water  and  other  matter  proper  to  be  carried 
off  by  sewers.  The  said  president  and  commis- 
sioners shall,  so  far  as  the  same  has  not  al- 
ready been  done,  and  subject  to  the  like  ap- 
proval, lay  out  the  said  city  into  as  many  sew- 
erage districts  as  he  may  deem  necessary  for 
theaforesaid  purpose,  and  shall  also  determine 
and  show,  on  suitable  maps  or  plans,  the 
location,  cost,  size  and  grade  of  each  sewer 
and  drain  proposed  for  each  of  said  districts, 
and  the  proposed  alterations  and  improve- 
ments in  existing  sewer^  and  shall  also  de- 
termine and  show,  on  said  maps  or  plans, 
the  contemplated  depth  of  said  sewers  and 
drains  below  the  present  surface,  and  also 
below  the  established  grades  of  the  streets 
and  avenues  in  each  of  said  distriots,  and 
such  other  particulars  as  may  be  necessary 
for  the  purpose  of  exhibiting  a complete  plan 
of  the  proposed  sewerage  therein. 

Drainage  plan  to  be  filed. 

Sec.  439.  Upon  the  completion  of  the  map  or 
plan  for  the  drainage  of  any  sewerage  district 
and  its  approval  by  the  board  of  public  im- 
provements, such  map  or  plan  shall  be  thb 


permanent  plan  for  the  sewerage  of  such  dis- 
trict; subject,  however,  to  such  subsequent 
modifications  as  may,  in  the  opinion  of  the 
commissioner  of  sewers  and  the  board  of 
public  improvements,  become  necessary  iu 
consequence  of  alterations  made  in  the  loca- 
tion or  grade  of  any  street  or  part  thereof  in 
said  district,  or  for  other  reasons.  Copies  of 
such  complete  map  or  plan  and  of  the  maps 
showing  modifications  therein  shall  be  certified 
by  the  president  and  secretary  of  the  board 
of  public  improvements  and  shall  be  filed  as 
follows:  One  copy  thereof  in  the  office  In 
which  conveyances  of  real  estate  are  required 
to  be  recorded  in  the  county  in  which  the 
territory  shown  upon  said  map  is  located;  one 
copy  thereof  in  the  office  of  the  corporation 
counsel,  and  one  copy  thereof  in  the  office  of 
the  board  of  public  improvements. 

All  sewers  to  be  in  accordance  with 

general  plan. 

Sec.  440.  It  shall  not  be  lawful  hereafter  to 
construct  any  sewer  or  drain  in  the  city  un- 
less such  sewer  or  drain  shall  be  in  accord- 
ance with  the  general  plan,  approved  by  the 
board  of  public  improvements  as  aforesaid, 
for  the  sewerage  of  the  particular  district  in 
which  such  sewer  or  drain  is  proposed  to  be 
constinicted. 

Raising  of  grade  for  drainage. 

Sec.  441.  Whenever  the  commissioner  of 
sewens  shall  report  to  the  board  of  public  Im- 
provements that  it  is  necessary  to  raise  the 
grade  of  any  street  or  streets  for  the  proper 
sewerage  of  the  sewer  district  in  which  such 
street  or  streets,  or  parts  of  streets,  are 
situated,  the  said  board  is  hereby  authorized 
and  empowered  to  change  the  grade  of  such 
street  or  streets,  or  parts  of  streets,  so  far  as 
shall  be  necessary  for  the  proper  drainage 
thereof. 

Power  to  mark  boundaries  and  to 

make  surveys. 

Sec.  442.  The  president  of  the  board  of  public 
Improvements  shall  have  power  to  mark  any 
boundary  line  or  lines  of  the  municipal  cor- 
poration constituted  by  this  act  and  known 
as  the  city  of  New  York,  as  said  boundary  line 
or  lines  is  or  are  determined  in  and  by  this 
act,  so  as  to  distinguish  and  define  the  bound- 
aries of  said  city,  the  boundaries  of  the  bor- 
oughs thereof,  and  any  other  boundary  line 
or  lines  deteirmlned  in  and  by  this  act,  by 
such  monuments  as  may  be  authorized  by 
resolution  of  the  board  of  public ' improve- 
ments. He  shall  upon  the  request  of  the 
board  of  public  improvements,  of  the 
municipal  assembly,  of  a local  board 
of  commissioners  of  estimate,  or  of  commis- 
sioners of  estimate  and  assessments,  furnish 
surveys,  diagrams  or  other  information  as 
may  enable  them  to  fully  discharge  the  duties 
imposed  upon  them  by  this  act  relative  to 
street  and  park  improvements.  It  shall  be 
lawful  for  the  president  of  the  hoard  of  public 
improvements,  and  all  persons  acting  under 
his  authority,  to  enter  in  the  daytime  into 
and  upon  any  lands,  tenements  and  heredita- 
ments and  waters  which  he  shall  deem  neces- 
sary to  be  surveyed,  used  or  converted  for 
the  laying  out,  surveying  and  monumenting 
of  parks,  streets,  bridges,  tunnels  and  ap- 
proaches to.  bridges  and  tunnels,  in  the  city 
of  New  York,  or  for  marking  any  boundary 
line  or  lines. 

President  to  appoint  surveyor,  ap- 
propriations to  l)e  made  for  maps, 

etc. 

Sec.  443.  The  president  of  the  board  of 
public  improvements  shall  have  power  to  ap- 
point a surveyor  or  engineer  who  shall  have 
the  custody  of  the  maps  filed  in  the  office  of 
the  hoard  of  public  improvements  and  to  fix 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK, 


47 


his  salary  within  the  proper  appropriation. 
There  shall  be  made  in  the  final  estimate 
each  year  such  provisions  or  appropriations 
as  may  be  necessary  for  the  preparation  and 
making  of  maps,  plans  and  profiles,  and  for 
the  setting  of  monuments,  and  the  president 
of  the  board  of  public  improvements  shall  be 
authorized,  within  the  limits  of  ■ such  pro- 
vision or  appropriation,  to  employ  such  en- 
gineers, surveyors,  clerks  and  assistants  as 
may  in  his  judgment  be  necessary  for  any 
part  of  such  work. 

Board  may  detail  employes  to  assist 
president. 

Sec.  444.  The  board  of  public  improvements 
may,  from  time  to  time,  and  for  so  long  a 
time  as  may  be  necessary,  detail  such  em 
ployes  from  any  department  as  they  may 
deem  necessary,  to  assist  the  president  of 
the  board  of  public  improvements  in  carry- 
ing out  the  duties  Imposed  upon  him  by  this 
act. 

TITLE  3. 

GENERAL  PROVISIONS  RELATING  TO 
THE  DEPARTMENTS  OF  WATER 

SUPPLY,  HIGHWAYS,  STREET 
CLEANING,  SEWERS,  PUBLIC 
BUILDINGS.  LIGHTING  AND 
SUPPLIES  AND  BRIDGES. 

Heads  of  departments. 

Sec.  450.  Each  of  the  commissioners  here- 
inafter provided  for  in  this  chapter  shall  in 
all  respects  administer  his  department  In 
conformity  with  the  ordinances  of  the  munici- 
pal assembly  relating  thereto,  and  each  shall 
be  vested  with  the  sole  executive  power  in 
his  department,  and  be  subject  to  the  laws 
of  the  state  and  the  ordinances  of  the  city  for 
the  conduct  and  the  work  of  his  department. 

Branches;  where  located. 

Sec.  451.  The  main  office  of  each  of  the  de- 
partments hereinafter  mentioned  in  this  chap- 
ter shall  be  located  in  the  borough  of  Man- 
hattan, unless  the  board  of  public  improve- 
ments shall  otherwise  determine. 

Branch  offices  of  all  or  any  of  said  depart- 
mencs  may  be  located  within  such  other  of 
the  boroughs  as  may  be  deemed  advisable 
by  the  commissioner  of  such  department, 
subject,  however,  to  the  approval  of  the  board 
of  public  Improvements;  and  it  shall  be  the 
duty  of  the  board  of  estimate  and  apportion 
ment  and  of  the  municipal  assembly  to  make 
proper  provision  therefor. 

Depnties.  ' 

Sec.  452.  The  commissioner  at  the  head  of 
each  of  said  departments  may  appoint  one  or 
more  deputy  commissioners,  one  of  whom 
^all  be  located  at  the  main  oflfice  of  such  de- 
partment, and  there  may  be  a deputy  in  each 
borough  In  which  is  located  a branch  office 
of  such  department,  or  the  same  deputy  may 
have  charge  of  more  than  one  borough,  as 
the  commissioner  appointing  such  deputy  may 
deem  advisable. 

A deputy  commissioner  located  at  a branch 
office  shall,  under  the  direction  and  control 
of  the  commissioner  appointing  him,  have 
charge  of  the  office  work  of  his  department 
in  the  borough  or  boroughs  for  which  the  of- 
fice was  established  and  of  the  execution  of 
all  work  devolved  upon  his  department  there- 
in. 

The  commissioner  at  the  head  of  each  of 
said  departments  may  designate  one  or  more 
of  said  deputies,  who  shall,  in  addition  to  his 
other  powers,  possess  every  power  and  per- 
form all  and  every  duty  belonging  to  the  of- 
fice of  such  commissioner,  so  far  as  speciflecl 
In  such  designation,  whenever  so  empowered 
by  such  commissioner  by  written  authority, 
designating  therein  a period  of  time,  not  ex- 
Mudlng  beyond  a period  of  three  moabhe  nor 


beyond  the  term  of  office  of  such  commis- 
sioner, during  which  such  power  and  duty 
may  be  exercised,  and  suoh  designation  and 
authority  shall  be  duly  filed  in  and  remain 
of  record  in  said  department,  but  may  be  re- 
voked at  any  time.  A deputy  commissioner 
so  designated  shall  possess  the  like  authority 
In  case  of  absence  or  disability  of  suoh  com- 
missioner. 

Engineers. 

Sec.  453.  The  commissioner  at  the  head  of 
each  of  said  departments,  excepting  the  de- 
partment of  street  cleaning,  shall  appoint  a 
chief  engineer  of  his  department,  with  power 
to  appoint,  remove,  and  detail  'a  staff  of  as- 
sistant engineers.  If  the  commissioner  of  any 
department  and  the  board  of  public  improve- 
ments deem  it  advisable  that  more  than  one 
chief  engineer  be  appointed  for  such  depart- 
ment, such  commissioner  shall  appoint  such 
additional  chief  engineer  or  chief  engineers, 
each  with  power  to  appoint  and  remove,  at 
pleasure,  and  detail  a staff  of  assistant  en- 
gineers. All  chief  engineers  and  assistant 
engineers  appointed  by  them  respectively,  must 
be  civil  engineers  of  at  least  ten  years’  ex- 
perience. An  engineer  located  at  a branch 
office  of  his  department  in  any  borough  may 
be  appointed  a deputy  commissioner  for  the 
borough  or  boroughs  to  which  he  Is  assigned. 
An  assistant  engineer  who  has  been  appointed 
a deputy  commissioner  may  be  designated 
as  the  engineer  for  the  borough  in  which  he 
acts  as  deputy.  Any  engineer  may  be  desig- 
nated by  such  title  as  shall  properly  describe 
his  principal  duties  In  the  Judgment  of  the 
head  of  his  department. 

CUief  engineer’s  dalles. 

Sec.  454.  Each  chief  engineer  shall  perform 
such  duties  as  may  be  required  of  him  by 
this  act  by  the  commissioner  at  the  head  of 
his  department  or  by  his  deputy  In  the  bor- 
ough In  which  such  engineer  shall  be  located. 

Uonsulting-  engineers. 

Sec.  455.  The  commissioner  of  water  supply, 
the  commissioner  of  highways,  and  the  com- 
missioner of  sewers,  shall  each  appoint,  with- 
out definite  term,  when  thereto  authorized 
by  the  board  of  public  improvements,  a con- 
sulting engineer  to  their  respective  depart- 
ments, who  shall  be  an  expert  in  all  matters 
relating  to  the  work  performed  by  the  de- 
partment in  which  he  Is  appointed  and  who 
shall  have  had  at  least  fifteen  years’  experi- 
ence as  a civil  engineer. 

The  commissioner  of  public  buildings,  light- 
Dg  and  supplies  shall  appoint  (each  without 
definite  term)  when  thereto  autho.rized  by  the 
board  of  public  improvements,  a consulting 
engineer  of  lighting  and  electricity  to  hl3  de- 
partment, who  shall  be  an  expert  In  all  mat- 
ters relating  to  lighting  and  electricity,  and 
vhose  training  shall  also  have  Included  in- 
jtruotlon  in  the  capacity  of  civil  engineer,  and 
1 consulting  engineer  of  public  buildings  to 
hiB  department,  who  shall  be  an  expert  In 
the  matter  of  construction,  repair  and  main- 
tenance of  public  buildings,  and  a consulting 
architect  to  his  department,  who  shall  be  an 
architect  of  recognized  scientific  and  artistic 
standing  of  not  less  than  fifteen  years’  experi- 
ence. 

’The  commissioner  of  bridges  shall  at  any 
time  appoint  without  definite  term,  when 
thereto  authorized  by  the  board  of  public 
Improvements  a consulting  engineer,  wh® 
shall  be  a recognized  expert  In  bridge  con- 
struction, and  who  shall  have  k^d  not  less 
than  fifteen  years’  experience  as  a civil  en- 
gineer. 

Commissioners,  powers  to  appoint  and 

tlx  salaries. 

Sec.  466.  The  commiMloner  oft  Um  head  ot 


each  of  said  departments  shall  have  power  to 
appoint  such  clerke  and  subordinates  as  may 
In  his  judgment  be  necessary  In  his  main  of- 
fice, and  may  fix  and  regulate  their  salaries, 
within  the  limits  of  the  appropriation  duly 
made  therefor. 

A deputy  commissioner  In  charge  of  a 
branch  office  of  a department  shall,  subject  to 
the  approval  of  the  head  of  his  department, 
appoint  such  clerks  and  subordinates  of 
his  department,  in  and  for  his  bor- 
ough, as  may  in  his  judgment  be  necessary, 
and  fix  and  regulate  their  salaries,  within  the 
limits  of  the  appropriation  duly  made  there- 
for. 

Id.;  other  duties. 

Sec.  457.  The  commissioner  at  the  head  of 
each  of  said  departments  shall  prepare  and 
execute  all  contracts  authorized  by  the  board 
of  public  Improvements,  or  by  said  board 
and  the  municipal  assembly  for  his  depart- 
ment, and  shall  make  and  cause  to  be  made 
all  surveys,  maps,  plans,  estimates  and  draw- 
ings of  all  works  relating  to  his  department, 
and  shall  preserve  the  same  in  the  main  office 
of  the  department,  and  shall  make  an  annual 
report  of  the  business  and  transactions  of  his 
department  to  the  mayor. 

id.;  to  organize  bnreans. 

Sec.  458.  The  commissioner  at  the  head  ■ of 
each  of  said  departments  may  organize  such 
bureaus  as  he  shall  from  time  to  time  deem 
necessary  to  the  proper  discharge  of  the  du- 
ties of  his  department:  he  shall  locate  a 
branch  of  each  of  the  bureaus  so  organized, 
in  the  public  hall  or  building  of  the  borough 
of  Brooklyn,  for  the  discharge  of  all  of  the 
duties  of  the  department  devolved  upon  such 
bureau  or  bureaus,  so  far  as  such  duties  per- 
tain to  the  borough  of  Brooklyn;  and  he  may 
from  time  to  time  locate  a branch  of  any  or 
all  bureaus  so  organized  by  him  in  any  of  the 
other  boroughs  of  the  city  for  the  discharge 
of  the  duties  devolved  upon  such  bureau  or 
bureaus,  so  far  as  suoh  duties  pertain  to  the 
boroughs  wherein  such  branch  or  branches 
may  be  respectively  located. 
Commissioners;  power  to  aiipoint,  etc. 

Sec.  459.  If  the  commissioners  of  two  or 
more  departments  named  in  this  chapter  shall 
at  any  time  determine  that  the  duties  of  the 
chief  engineer  or  the  deputy  commissioner 
in  each  of  said  two  or  more  departments  in 
and  for  any  borough  can  be  adequately  per- 
formed by  one  and  the  same  person,  then  U 
shall  be  lawful  for  said  commission- 
ers, each  acting  in  his  department,  to  ap- 
point the  same  individual  as  chief  engineer 
or  deputy  commissioner,  or  both,  of  such  de- 
partments for  any  of  said  boroughs;  such  ap- 
pointment as  chief  engineer  may  be  revoked 
by  the  proper  commissioner  or  commissioners, 
respectively,  as  to  all  but  one  department, 
whenever  the  bgard  of  public  improvements 
shall  so  authorize;  and  the  board  of  public 
improvements  shall  also  then  determine  and 
decide  for  which  department  the  said  person 
shall  remain  and  shall  be  chief  engineer. 

Transfer  of  employes  from  borough  to 

borongli  and  from  department  to  de- 
partment. 

Sec.  460.  Nothing  in  this  aot  contained  shall 
be  construed  to  limit  in  any  way  the  power  of 
the  commissioner  at  the  head  of  any  one  of 

the  departments  named  in  this  chapter  to 

transfer  any  employe  or  employes  from  the 
office  of  his  department  located  in  one  borough 
to  the  office  of  his  department  in  any  other 
borough. 

It  shall  be  lawful  for  the  board  of  public 
improvements  to  transfer  employes  of  one  of 

the  departments  named  in  this  chapter  to 

another  of  said  department*,  provided  tiiat  In 


4S 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


each  case  the  heads  of  the  departments  af- 
fected shall  consent  to  and  request  such 
transfer. 

Transfer  of  appropriations. 

Sec.  461.  No  appropriation  specifically  ap- 
proiprlated  to  be  used  In  one  borough  shall  be 
transferred  for  expenditure  in  any  other  bor- 
ough except  by  the  unanimous  vote  of  the 
board  of  estimate  and  apportionment;  but  if 
any  public  work  within  the  cognizance  and 
control  of  any  one  of  said  commissioners 
must  be  executed  in  more  than  one  borough 
he  may,  in  his  discretion,  direct  that  said 
work  shall  be  done  through  the  Joint  forces  of 
hi®  department  in  the  boroughs  affected,  or 
he  may  execute  such  work  with  the  force  of 
his  central  office. 

Deflnitloii  of  word  “street.’’ 

Sec.  462.  Whenever  the  word  “street”  or 
the  plural  thereof,  occurs  in  this  chapter, 
it  shall  be  deemed  to  include  all  that  Is  in- 
cluded by  the  term  “street,  avenue,  road, 
alley,  lane,  highway,  boulevard,  concourse, 
public  square  and  public  place,”  or  the  plu- 
rals thereof,  respectively. 

TITLE  4. 

DEPARTMENT  OF  WATER  SUPPLY. 
Commissioner  of  water  supply;  ap- 
pointment; salary. 

Sec.  468.  The  head  of  the  department  of 
water  supply  shall  be  called  the  commissioner 
of  water  supply.  He  shall  be  appointed  by 
the  mayor  and  hold  office  as  provided  in  chap- 
ter IV  of  this  act.  His  salary  shall  be  seven 
thousand  five  hundred  dollars  a year. 

Id.;  jurisdiction. 

Sec.  469.  The  commissioner  of  water  supply 
shall  have  cognizance  and  control: 

(1)  Of  all  structures  and  property  con- 
nected with  the  supply  and  distribution  of 
water  for  public  use,  except  where  the  same 
shall  be  owned  by  private  corporations,  in- 
cluding all  fire  and  drinking  hydrants  and 
all  water  meters. 

(2)  Of  maintaining  the  quality  of  the  water 
supply,  and  of  the  investigation  for,  and  the 
construction  of  all  work  necessary  to  de- 
liver the  proper  and  required  quantity  of 
water  with  ample  reserve  for  contingencies 
and  future  demands. 

(3)  Of  the  collection  of  the  revenues  from 
the  sale  or  use  of  water  from  the  public 
water  supply. 

(4)  Of  the  enforcing  of  the  regulations 
concerning  the  use  of  water  and  of  recom- 
mending to  the  board  of  public  improve- 
ments proposed  ordinances  relating  to  any 
of  the  matters  within  the  province  of  his 
department. 

Id.;  power  when  more  than  one  hor- 
ough  inyolyed. 

Sec.  470.  If  any  of  the  public  works  within 
the  cognizance  and  control  of  the  said  com- 
missioner of  water  supply  must  be  executed 
entirely  outside  of  the  city  limits,  he  may  di- 
rect that  such  work  be  done  by  any  of  his 
force  of  any  borough  as  may  seem  to  him 
most  advantageous. 

Id.;  restriction  on  power  to  contract. 

Sec.  471.  It  shall  not  be  lawful  for  the  com- 
sioner  of  water  supply  to  enter  into  any  con- 
tract whaterver  with  any  person  or  corporation 
engaged  in  the  business  of  supplying  or  sell- 
ing water  for  private  or  public  use  and  con- 
sumption, unless  preliminary  to  the  execution 
of  the  contract,  the  assent  of  the  board  of  pub- 
lic improvements  aftar  submission  to  it  of 
the  proposed  contract  in  all  its  details,  shall 
be  given  by  resolution  to  the  execution  of  such 
contracts  as  submitted,  and  it  shall  not  be 
Lawful  for  the  said  city  of  New  York  or  for 


any  department  thereof,  to  make  any  con- 
tract touching  or  concerning  the  public  water 
supply,  and  especially  the  increase  thereof, 
with  any  person  or  corporation  whatsoever, 
save  in  accordance  with  the  provisions  and 
requirements  of  this  act,  which  said  provisions 
and  requirements  are  hereby  declared  to  es- 
tablish the  exclusive  rule  for  the  making  of 
such  contracts. 

Id.;  power  to  determine  source  of 
water  snpply,  condemnation  proceed- 
ing's, etc. 

Sec.  472.  The  commissioner  of  water  supply, 
with  the  approval  of  the  board  of  public  Im- 
provements, shall  have  power  throughout  the 
state  of  Neiw  York  to  select  and  to  determine 
all  sources  of  water  supply  that  may  be  need- 
ed for  the  supply  of  the  public  water  works 
of  said  city,  and  for  the  supply  and  distribu- 
tion of  water  in  said  city.  Any  sources  of 
water  so  selected  and  determined  by  him  shall 
be  deemed  necessary  for  the  public  use  of  the 
city  of  New  York,  and  thereupon,  with  the  ap- 
proval of  the  board  of  public  improvements 
and  of  the  board  of  estimate  and  apportion- 
ment, together  with  the  authority  of  the  mu- 
nicipal assembly  expressed  by  it*  resolution  or 
ordinance.  It  shall  be  lawful  for  the  city  of 
New  York  to  acquire  by  condemnation  any 
real  estate  or  any  interest  therein  that  may 
be  necessary  In  order  to  acquire  the  sole  and 
exclusive  property  in  such  source  or  sources 
of  water  supply,  and  to  wholly  extinguish  the 
water  rights  of  any  other  person  or  corpora- 
tion therein,  with  the  right  to  lay,  relay,  re- 
pair and  maintain  conduits  and  water  pipes 
with  the  connections  and  fixtures  on  the  lands 
of  others,  the  right  to  intercept  and  to  direct 
the  flow  of  waters  from  the  lands  of  riparian 
owners,  and  from  persons  owning  or  interest- 
ed in  any  water,  and  the  right  to  prevent  the 
flow  or  drainage  of  noxious  or  impure  matters 
from  the  lands  of  others  into  its  reservoirs 
or  sources  of  supply,  provided  that  he  shall 
not  have  power  to  acquire  or  to  extinguish  the 
property  rights  of  any  person  or  corporation 
in  or  to  any  water  rights  that,  at  the  time  of 
the  initiation  of  proceedings  for  condemnation, 
were  in  whole  or  in  part  devoted  to  the  supply 
of  the  water  works  of  the  people  of  any  other 
city,  town  or  village  of  the  state,  or  to  the  sup- 
ply and  distribution  of  water  to  the  people 
thereof,  or  to  take  or  use  the  water  from  any 
of  the  canals  of  the  state,  any  canal  reser- 
voirs, or  waters  used  exclusively  as  feeders 
for  canals,  or  from  any  of  the  streams  ac- 
quired by  the  state  for  supplying  the  canals 
with  water.  It  shall  be  the  duty  of  the  cor- 
poration counsel  to  take  the  necessary  legal 
proceedings,  as  provided  in  this  act,  for  such 
improvement,  upon  the  request  in  writing  of 
the  said  commissioner  of  water  supply.  In  the 
ascertainment  of  the  compensation  for  any 
property  or  property  rights  so  acquired,  such 
compensation  shall  be  based  upon  the  actual 
values  of  the  property  or  the  interest  acquired 
therein  at  the  time  of  its  taking,  and  there 
shall  not  be  taken  into  consideration  any  pros- 
pective or  speculative  value,  based  upon  the 
possible,  probable  or  actual  future  use  of  such 
property  or  property  rights.  If  the  same  had 
not  been  acquired  by  the  said  city  of  New 
York  for  the  public  use. 

The  commissioner  of  water  supply  is  here- 
by authorized  to  examine  into  the  sources 
of  water  supply  of  any  private  companies 
supplying  the  city  of  New  York  or  any  por- 
tion thereof  or  its  inhabitants  with  water, 
to  see  that  the  same  is  wholesome  and  the 
supply  is  adequate,  and  to  establish  such 
rules  and  regulations  in  respect  thereof  as 
are  reasonable  and  necessary  for  the  con- 
venience of  the  public  and  the  citizens;  and 
the  board  of  public  improvements  may  ex- 


ercise superintendence,  regulation  and  con- 
trol in  respect  of  the  supply  of  water  by  such 
water  companies,  including  rates,  fares  and 
charges  to  be  made  therefor,  except  that 
such  rates,  fares  and  charges  shall  not,  with- 
out the  consent  of  the  grantee,  be  reduced 
by  the  board  of  public  improvements  beyond 
what  is  Just  and  reasonable;  and  in  case  of  a 
co'ntroversy  the  question  of  what  is  Just  and 
reasonable  shall  be  finally  determined  as  a 
Judicial  question  on  Its  merits  by  a court  of 
competent  Jurisdiction. 

Municipal  assembly;  power  to  flx  rents, 

etc.,  or  water  supply. 

Sec.  473.  The  municipal  assembly  shall 
hereafter  have  all  power,  on  recommendation 
of  the  board  of  public  improvements,  to  fix 
and  to  establish  a unltorm  scale  of  rents, 
and  charges  for  supplying  water  by  the  city 
oif  New  York  which  shall  be  apportioned  to 
different  classes  of  buildings  in  said  city  in 
reference  to  their  dimensions,  values,  ex- 
posures to  fires,  ordinary  uses  for  dwellings, 
stores,  shops,  private  stables  and  other  com- 
mon purposes,  number  of  families  or  occu- 
pants, or  consumption  of  water,  as  near  as 
may  be  practicable,  and  modify,  alter,  amend 
and  increase  such  scale  from  time  to  time, 
and  to  extend  it  to  other  descriptions  of 
buildings  and  establishments.  All  extra 
charges  for  water  shall  be  deemed  to  be  in- 
cluded in  the  regular  rents,  which  shall  be- 
come a charge  and  lien  upon  the  buildings 
upon  which  they  are  respectively  imposed, 
and  if  not  paid,  shall  be  returned  as 
arrears  to  the  collector  of  assessments 
and  arrears.  Such  regular  rents.  In- 
cluding the  extra  charges  above  men- 
tioned, shall  be  collected  from  the  owners  or 
occupants  of  all  such  buildings,  respectively, 
which  shall  be  situated  upon  lots  adjoining 
any  street  or  avenue  in  said  city  in  which 
the  distributing  water  pipes  are  or  may  be 
laid,  and  from  which  they  can  be  supplied 
with  water.  Said  rents,  including  the  extra 
charges  aforesaid,  shall  become  a charge 
and  Hen  upon  such  houses  and  lots,  respect- 
ively, as  herein  provided,  but  no  charge 
whatever  Shall  be  made  against  any  building 
in  which  a water  meter  may  have  been,  or 
shall  be  p^Iaced  as  provided  in  this  act.  In 
all  such  cases  the  charge  for  water  shall  be 
determined  only  by  the  quantity  of  water 
actually  used  as  shown  by  said  meters. 

Commissioner,  power  to  contract  for 

water  snpply  for  the  Twenty-fonrtli 

ward;  duty  In  relation  to. 

Sec.  474.  The  cr  nmissioner  of  water  sup- 
ply is  authorized  on  behalf  of  the  city  of 
New  York,  with  the  preliminary  consent  of 
the  board  of  public  improvements  and  of  the 
board  of  estimate  and  apportionment,  to  con- 
tract from  time  to  time  with  the  city  of  Yon- 
kers, or  tb  1 board  of  water  commis- 

sioners of  the  city  of  Yonkers,  for 
a supply  f/f  wholesome  water  for  the 

Twenty-fourth  ward  and  other  parts  of  the 
borough  r'.  the  Bronx,  from  the  water  works 
or  water  belonging  to  them  or  under  theli 
charge  ind  control,  for  such  time,  in  such 
quantlt'es,  and  at  such  places  as  may  be 
agreed  upon  by  them.  The  said  commission- 
er of  water  supply  is  authorized  and  directed 
to  procure,  purchase  and  lay,  provide  and 
make  ready  for  use,  from  time  to  time,  so 
many  mains  and  pipes  and  other  means  and 
appliances,  and  erect  so  many  hydrants  as 
may  be  necessary  and  sufficient  to  distribute 
and  supply  the  water  so  procured  under  con- 
tract with  the  city  of  Yonkers  to  and  through 
said  Twenty-fourth  wai’d,  or  such  part  of  it 
as  may  require  or  be  in  need  of  the  same, 
and  which  cannot  be  or.  In  his  Judgment, 
ought  noit  to  be  supplied  from  the  Croton  wa- 
ter works,  and  to  purchase,  provide,  do  and 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


49 


perform  all  things  necessary  or  proper  to  en- 
able the  said  Twenty-fourth  ward,  or  said 
part,  and  the  inhabitants  thereof,  to  obtain 
and  have  an  abundant  supply  of  water  at  all 
times,  and  for  such  purpose,  in  case  of  ne- 
cessity or  convenience,  to  arrange  and  agree 
with  the  owner  of  lands  in  said  w'ard  foir  an 
irrevocable  license  or  permission  to  enter  up- 
on, lay,  repair,  keep  in  order,  protect  and 
maintain  mains,  pipes,  conduits  and  hydrants 
in,  through  and  upon  said  lands.  The  munic- 
ipal assembly  is  authorized  to  fix,  and  from 
time  to  time  to  alter,  on  the  recommendation 
of  the  board  of  public  improvements,  special 
rates  or  charges  for  water  supplied  to  any  house 
or  building,  or  to  any  other  erection  or  struct- 
ure, in  said  Twenty-fourth  ward,  including 
washers  and  hydrants,  and  to  make  such  ar- 
rangements and  rules  as  may  be  proper  to  as- 
certain the  quantity  of  water  used  therein, 
or  by  means  thereof,*  and  such  rates  and 
charges  shall  be  a lien  until  paid  upon  the 
lands  upon  which  such  house,  building  or 
other  erection  or  structure  may  stand  or  be 
situated,  and  shall  be  collectible  at  the  same 
time  and  in  the  same  manner,  including  sales 
for  unpaid  taxes,  as  the  ordinary  tax  imposed 
on  the  same  lands. 

Meters. 

Sec.  475.  The  commissioner,  of  water  supply 
is  authorized,  in  his  discretion,  to  cause  water 
meters,  the  pattern  and  price  of  which  shall 
he  approved  by  the  board  of  public  im- 
provemnts,  to  be  placed  in  all  stores, 
workshops,  hotels,  manufactories.  office 
buildings,  public  edifices,  at  wharves,  ferry- 
houses,  stables,  and  in  all  places  in  which 
water  is  furnished  for  business  consumption, 
so  that  all  water  so  furnished  therein  or  there- 
at may  be  measured  and  known  by  the  said  de- 
partment, and  for  the  purpose  of  ascertaining 
the  ratable  portion  which  consumers  of  water 
should  pay  for  the  water  therein  or  thereat  re- 
ceived and  used.  Thereafter,  as  shall  be  de- 
termined by  the  commissioner  of  water  sup- 
ply, the  said  department  shall  make  out  all 
bills  and  charges  for  water  I'urnished  by  them 
to  each  and  every  consumer  as  aforesaid,  to 
whose  consumption  a meter  as  aforesaid  is 
affixed  in  ratable  proportion  to  the  water 
consumed,  as  ascertained  by  the  meter  on 
his  or  her  premises  or  places  occupied  or  used 
as  aforesaid.  All  expenses  of  meters,  their 
connections  and  setting,  w'ater  rates  and  other 
lawful  charges  for  the  supply  of  water  shall 
be  a lien  upon  the  premises  where  such  water 
is  supplied  as  now  provided  by  lav/.  Nothing 
herein  contained  shall  be  construed  so  as  to 
remit  or  prevent  the  due  collection  of  arrear- 
ages or  charges  for  water  consumption  hereto- 
fore incurred,  nor  interfere  with  the  proper 
liens  therefor,  nor  of  charges,  or  rates,  or 
liens  hereafter  to  be  incurred  for  water  con- 
sumption in  any  dwelling  house,  building,  or 
place  which  may  not  contain  one  of  the  meters 
aforesaid.  The  moneys  collected  for  expenses 
of  meters,  their  connections  and  settings,  shall 
be  applied  by  the  commissioner  of  water  sup- 
ply to  the  payment  of  expenses  incurred  in 
procuring,  connecting  and  setting  said  meters. 

Additional  charge  for  non  iiayment  of 

rents. 

Sec.  476.  The  annual  rents  which  are  not 
paid  to  the  department  of  water  supply  be- 
fore the  first  day  of  August  in  each  year,  shall 
be  subject  to  an  additional  charge  of  5 per 
centum  and  those  rates  not  paid  before  the 
first  day  of  November  in  each  year  shall  be 
subject  to  a further  additional  charge  of  10 
per  centum. 

\o  valve,  etc.,  to  he  n»ed  with  royalty. 

Sec.  477.  No  patent  hydrant,  valve,  or  stop- 
cock shall  be  used  by  the  department  of  water 
supply  unless  the  patentee  or  owner  of  said 


patent  shall  allow  the  use  of  the  ps,tent  by 
said  department  without  royalty. 

Printed  notice  of  rnles  and  regnlations 

Sec.  478.  The  rules  and  restrictions  tor  the 
use  of  the  water  printed  on  each  permit 
shall  be  notice  to  the  water  takers,  and  shall 
authorize  the  exaction  .and  recovery  by 
process  of  law  of  any  penalties  which  may  be 
imposed  in  addition  to  cutting  off  the  use  of 
the  water  for  any  violations  of  the  rules,  and 
this  section  shall  be  printed  on  such  permits. 

Commissioners,  duty  in  reghrd  to 

sonrces  of  water  supply  and  proi*erty 

of  department. 

Sec.  479.  The  commissioner  of  water  supply 
is  charged  with  the  preservation  of  all  lakes 
and  alt  waters  from  w'hich  a water  supply  is 
drawn  by  the  city,  with  the  preservation  of 
the  banks  of  and  of  any  river  or  other  body 
of  water  from  which  the  water  supply  is 
drawn,  from  injury  or  nuisance,  and  with  the 
execution  of  such  measures  as  may  be  nec- 
essary to  preserve  and  Increase  the  quantity 
of  water  and  keep  it  pure  and  wholesome 
and  free  from  contamination  and  pollution 
with  the  management,  preservation  and  re- 
pairs of  the  dams,  gates,  aqueducts,  bridges, 
water  towers,  reservoirs,  mains,  pipes,  pipe- 
yard  and  property  of  every  description  be- 
longing to  the  water  works,  and  shall  have 
the  construction  of  such  new  works  and  the 
purchase  and  laying  down  of  such  mains  and 
pipes  as  may  be  authorized  in  accordance 
with  law.  The  department  of  water  supply 
shall  be  responsible  for  the  supply  of  water 
and  the  good  order  and  security  of  all  the 
water  works,  for  the  exactness  and  durabili- 
ty of  the  structures  which  may  be  erected, 
and  for  the  daily  work  to  be  performed  and 
for  the  sufficiency  of  the  supply  in  the  pipe- 
yards  to  meet  every  casualty,  and  for  the 
fidelity,  care'  and  attention  of  all  persons 
employed  by  the  department  in  watching  the 
works  and  in  making  constructions  and 
repairs. 

A.sscssment  on  lands  nsed  as  reser-  | 

v'Oirs,  etc. 

Sec.  480.  The  lands  heretofore  taken  or  to 
be  taken  for  storage,  reservoirs,  or  for  other 
constructions  necessary  for  the  introduction 
and  maintenance  of  a sufficient  supply  of 
water  in  the  city,  or  for  the  purpose  of  pre- 
venting contamination  or  pollution,  shall  be 
assessed  and  taxed  in  the  counties  in  which 
they  are  or  may  be  located,  in  the  manner 
prescribed  by  law,  at  the  value  of  the  lands, 
exclusive  of  the  aqueducts,  and  the  construc- 
tion and  works  necessary  for  its  purposes, 
provided  that  the  assessed  value  of  the  said 
lands  shall  not  exceed  the  assessed  value  of 
the  lands  in  the  immediate  neighborhood 
thereof. 

Certain  acts  misdemeanors. 

Sec.  481.  It  shall  not  be  lawful  for  any  per- 
son to  throw  or  deposit,  or  cause  to  be 
thrown  or  deposited  in  any  lake,  pond  or 
stream,  or  in  any  aqueduct  from  or  through 
which  any  part  of  the  water  supply  of  the 
city  of  New  York  shall  be  drawn,  or  either  of 
the  reservoirs,  any  dead  animal  or  oth- 
er offensive  'matter,  or  anything  what- 
ever. Any  person  offending  against  the  pro- 
visions of  this  section  shall  be  deemed  guilty 
of  a misdemeanor,  and  upon  conviction  there- 
of shall  be  punished  by  a fine  or  imprison- 
ment, or  both,  in  the  discretion  of  the  court. 
Such  fine  not  to  exceed  the  sum  of  one  hun- 
dred dollars,  and  such  imprisonment  not  to 
exceed  a period  of  three  months.  Such  im- 
prisonment to  be  in  the  jail  of  the  county  in 
w'hlch  the  offense  shall  have  been  committed. 

Id.;  contiuned. 

Sec.  482.  If  any  person  shall  willfully  do  or 


cause  to  be  done  a.ny  act  whereby  any  work, 
materials  or  property  whatever,  erected  or 
used  or  hereafter  to  be  erected  or  used  with- 
in the  city  or  elsewhere,  by  the  said  city,  or 
by  any  person  acting  under  their  authority, 
for  the  purpose  of  procuring  or  keeping  a 
supply  of  water,  shall  in  any  manner  be  in- 
jured or  shall  erect  or  place  any  nuisance  on 
the  banks  of  any  river,  lake  or  stream  from 
which  the  water  supply  of  said  city  shall 
be  drawn,  or  shall  throw  anything  into  the 
aqueduct,  or  into  any  reservoir  or  pipe,  such 
person,  on  conviction  thereof,  shall  be  deemed 
guilty  of  a misdemeanor. 

Dnty  of  commissioner  of  wafer  supply. 

Sec.  483.  The  commissioner  of  water  sup- 
ply is  hereby  authorized,  empowered  and 
directed  to  carry  out  the  provisions  of  this 
act,  in  the  manner  hereinafter  provided,  for 
the  purpose  of  maintaining,  preserving  and 
increasing  the  supply  of  pure  and  wholesome 
water  for  the  use  of  the  city,  and  for  the 
purpose  of  preventing  or  removing  contam- 
ination or  pollution  of  any  supply  or  source 
or  sources  of  supply  of  water  heretofore  ac- 
quired by  or  on  behalf  of  said  city,  and  for 
the  pui-pose  of  preventing  the  contamination 
or  pollution  of  any  river,  water  course,  lake, 
pond,  stream  or  reservoir  hereafter  acquired 
for  the  purpose  of  supplying  said  city  with 
water. 

To  talce  proceeclinss  to  acquire  title. 

Sec.  484.  In  all  cases  where  the  commission- 
er of  water  supply  shall  hereafter  enter  upon, 
acquire,  take  or  use,  or  shall  deem  it  necessary 
to  enter  upon,  acquire,  take  or  use  any  “real 
esitate,”  as  the  term  real  estate  is  defined  by 
this  act,  for  the  purpose  of  maintaining,  pre- 
serving or  increasing  the  supply  of  pure 
and  w'holesome  water  for  the  use  of  said  city, 
or  for  the  purpose  of  preventing  the  contami- 
nation or  pollution  of  the  .same,  as  herein- 
before set  forth,  the  said  oommiissioner  is 
authorized,  for  and  in  behalf,  and  in  the  name 
of  the  city  of  New  York,  in  the  manner  here- 
inafter prescribed,  to  acquire  all  rights,  titles 
I and  interests  in  and  to  such  real  estate,  by 
whomsoever  the  same  may  be  held,  enjoyed 
or  claimed,  and  to  pay  for  and  extinguish  all 
claims  or  damages  on  account  of  such  rights, 
titles  or  interesis,  or  growing  out  of  such 
taking  or  using. 

Dcflnitioii  of  “real  estate.” 

Sec.  485.  The  term  “real  estate”  as  used  in 
this  chapter  shall  be  construed  to  signify  and 
embrace  all  uplands,  lands  under  water,  the 
water  of  any  lake,  pond  or  stream,  all  water 
rights  or  privileges,  and  any  and  all  ease- 
ments and  hereditaments,  corporeal  or  in- 
corporeal, and  every  estate,  interest  and  right, 
legal  and  equitable,  in  lands  or  water,  or  any 
privilege  or  easement  thereunder,  including 
terms  for  years,  and  liens  thereon  by  way  of 
judgment,  mortgages  or  otherwise,  and  also 
all  claims  for  damage  to  such  real  estate.  It 
shall  also  be  construed  to  include  all  real 
estate  (as  the . term  is  above  defined)  hereto- 
fore or  hereafter  acquired  or  used  for  rail- 
road, highway  or  other  public  purpose,  provid- 
ing the  persons  or  corporations  owning  such 
real  estate,  or  claiming  interests  therein, 
shall  be  allowed  the  periietual  use,  for  such 
purposes,  of  the  same  or  of  such  other  real 
estate  to  be  acquired  for  the  purposes  of  this 
act  as  will  afford  practicable  route  or  loca- 
tion for  such  railroad,  highway  or  other  public 
purpose,  and  in  the  aase  of  a railroad  com- 
mensurate with  and  adapted  to  its  needs; 
and  provided,  also,  that  such  persons  or  cor- 
porations shall  not.  directly  or  indirectly,  bo 
subject  to  expense,  loss  or  damage  by  reason 
of  changing  such  route  or  location,  but  that 
such  expense,  loss  or  damage  shall  be  berua 
by  the  city.  In  case  any  real  estate  so  acquir- 


60 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


ed  or  used  for  public  purposes  is  sought  to  be 
taken  or  affected  for  'the  purposes  of  this  act, 
there  shall  be  designated  upon  the  maps  re- 
ferred to  in  this  act,  and  there  shall  be  de- 
scribed in  the  petition  referred  to,  such  portion 
of  the  other  real  estate  shown  on  said  maps 
and  described  in  said  petition  as  it  is  pro- 
posed to  substitute  in  place  of  the  real  estate 
then  used  for  such  railroad,  highway  or  other 
public  purposes.  The  supreme  court,  at  the 
special  term  to  which  said  petition  is  pre- 
sented, or  at  such  other  special  term  as  the 
consideration  thereof  may  be  noticed  or  ad- 
journed to,  shall  either  approve  the  substi- 
tuted route  or  place  or  refer  the  same  back 
to  the  said  commissioner  for  alteration  or 
amendment,  and  may  refer  the  same  back, 
with  such  directions  or  suggestions  as  the 
said  court  may  deem  advisable,  and  as  often 
as  necessary,  and  until  the  said  commissioner 
shall  determine  such  substituted  route  or 
place  as  may  be  approved  by  the  court;  an 
appeal  from  any  order  made  by  said  court 
at  special  term,  under  the  provisions  of  this 
section,  may  be  taken  by  any  person  or 
corporation  interested  in  and  aggrieved  there- 
by, to  the  appellate  division  of  the  judicial 
department  in  which  the  real  estate  is  situ- 
ated, and  shall  be  heard  as  a non-enumerated 
motion.  The  commissioners  of  appraisal  here- 
in referred  to,  in  determining  the  compensa- 
tion to  be  made  to  the  persons  or  corporations 
owning  such  real  estate,  or  claiming  interest 
therein,  shaU  include  in  the  amount  of  such 
compensation  such  sum  as  shall  be  sufficient 
to  defray  the  expenses  of  making  such  change 
of  route  and  location  and  cf  building  said 
railroad  or  highway.  The  said  commission- 
ers of  appraisal  shall  suggest  in  their  report, 
and  the  court,  in  the  order  confirming  such 
report,  shall  determine,  subject  to  review  by 
the  said  appellate  division,  w’hat  reasonable 
time  after  payment  of  the  awards'  to  said 
persons  or  corporations  shall  be  sufficient 
•within  which  to  complete  the  work  of  mak- 
ing such  change,  and  the  said  city  of  New 
York  or  the  commissioner  of  water  supply 
thereof  shall  not  be  entitled  to  take  posses- 
sion or  interfere  with  the  use,  for  the 
aforesaid  purposes,  of  such  real  estate,  be- 
fore the  expiration  of  such  time.  This  time 
may  be  subseo.uently  extended  by  the  court 
(subject  to  review  as  aforesaid)  upon  suffi- 
cient cause  shown.  After  the  expiration  of 
the  time  so  determined  or  extended  no  use 
shall  be  made  of  said  real  estate  which  shall 
causie  pollution  to  the  water  in  said  reservoir, 
or  the  construction  of  said  reservoir,  or  inter- 
fere with  its  flow. 

Commissioner  to  prepare  maps. 

Sec.  486.  Whenever,  in  the  opinion  of  said 
commissioner,  it  is  necessary  to  acquire  any 
such  real  estate  (as  the  term  “real  estate”  is 
herein  defined)  for  any  of  the  purposes  here- 
inbefore set  forth,  or  for  the  purpose  of  ex- 
tinguishing any  right,  title  or  interest  there- 
to or  therein,  the  said  commissioner,  for 
and  on  behalf  of  the  city  of  New  York,  shall 
prepare  a map  or  maps  of  the  real  estate 
v/hich  in  his  opinion  it  is  necessary  to  acquire 
for  the  purposes  hereinbefore  set  forth,  and 
shall  submit  the  same  to  the  board  of  public 
improvements  for  approval.  The  said  board 
may  adopt,  modify  or  reject  such  maps  in 
whole  or  in  part,  and  may  require  O'thers  to 
be  made  instead  thereof.  A copy  of  the  map 
or  maps  so  prepared,  wit?i  a certificate  of  che 
adoption  thereof,  signed  by  the  commissioner 
and  the  president  of  the  board  of  public  im- 
provements, shall  be  filed  in  the  office  of  said 
commissioner  and  be  open  to  public  inspec- 
tion, and  shall  be  the  map  or  maps  of  the 
real  estate  to  be  acquired,  subject  to  such 
changes  or  modifications  as  the  said  commis- 
doner  may  from  time  to  time  deem  necessary- 


tor  the  more  efficient  carrying  out  of  the 
provisions  of  this  act.  And  the  said  board  of 
public  improvements,  prior  to  the  final  adop- 
tion of  such  map  or  maps,  shall  afford  to  all 
persons  interested  a full  opportunity  to  be 
heard  respecting  such  map  or  maps  and  the 
acquisition  of  the  real  estate  shown  thereon, 
and  shall  give  public  notice  of  such  hearing, 
by  publishing  a notice,  once  in  each  week, 
for  three  successive  weeks  in  the  City  Rec- 
ord and  the  corporation  newspapers,  and  in 
two  papers  published  m the  county  or  counties 
in  which  the  real  estate  to  be  acquired  or 
affected  is  situated,  and  in  two  daily  papers 
in  the  city  of  New  York.  At  such  hearing 
or  hearings  testimony  may  be  produced  by 
the  parties  appearing  before  him,  in  such 
manner  as  said  board  may  determine,  and  the 
president  of  said  board  is  hereby  authorized 
to  administer  oaths  and  issue  subpenas  in  any 
such  proceeding  pending  before  him. 

Power  to  enter  npoii  lands  for  the 

l»nri»ose  of  maliing;  mai>s. 

Sec.  487.  The  said  commissione'r,  his 
agents,  engineers,  surveyors  and  such  other 
persons  as  may  be  necessary  to  enable  him 
to  perform  his  duties  under  this  act,  are 
hereby  authorized  to  enter  upon  real  estate, 
as  the  term  real  estate  is  defined  in  this  act, 
and  any  land  or  water  on  or  contiguous  to 
the  line,  course,  site  or  track  of  any  pond, 
lake,  stream,  reservoir,  dam,  aqueduct,  cul- 
verts, sluices,  canals,  bridges,  tunnels,  pump- 
ing works,  blow-offs,  shafts  and  other  appur- 
tenances, for  the  purpose  of  making  survey* 
or  examinations  and  preparing  and  po-sting 
the  notices  required  by  this  act. 

Details  of  maps. 

Sec.  488.  After  the  final  adoption  of  eaia 
map  or  maps  the  said  commissioner  shall 
prepare  six  similar  maps  or  plans  of  the 
proposed  site  of  any  dam,  reservoir,  aque- 
duct, sluice  culvert,  canal,  pumping  works, 
bridges,  tunnels,  blow-offs,  ventilating  shafts, 
and  other  necessary  appurtenances  for  the 
proper  completion  of  the  work  so  propoS'ed  by 
him.  Upon  these  maps  there  shall  be  laid 
out  and  numbered  the  various  parcels  of 
real  estate,  on,  over  or  through  which  the 
same  are  to  he  constructed  and  maintained, 
or  which  may  be  necessary  for  the  prosecu- 
tion oif  the  work  authorized  by  this  act.  On 
said  maps  the  natural  and  artificial  division 
lines  existing  on  the  surface  of  the  soil  at 
the  time  of  the  survey  shall  be  delineated, 
and  there  shall  be  plainly  indicated  thereon 
of  which  parcels  the  fee  or  other  interest 
is 'to  be  acquired.  The  said  maps  may  be 
made  and  filed  in  sections.  One  or  more  sec- 
tions may  be  determined  before  the  ma-pa 
O'f  the  whole  construction  are  compieted.  The 
proceedings  hereinafter  authorized  may.  In 
like  manner  be  taken  separately,  in  reference 
to  one  or  more  of  such  sections,  before  the 
miaps  of  the  whole  are  filed.  The  work  upon 
one  or  more  of  such  sections  may  be  be'gun 
before  the  maps  of  the  remaining  sections 
are  filed.  The  map  or  maps  when  adopted  by 
the  said  commissioner  and  beard  of  public 
improvements  shall  be  by  said  commissioner 
transmitted  to  the  corporation  counsel,  with 
a certificate  of  approval  written'  thereon  and 
signed  by  the  said  commissiomer  and  the 
president  of  the  board  of  public  improve- 
ments. 

Maps  to  l>e  filed. 

Sec.  489.  The  corporation  counsel  shall 
cause  one  of  said  maps  to  be  filed  in  the  of- 
fice of  the  clerk  of  each  county  in  which  any 
real  estate  laid  out  on  said  maps  shall  be  lo- 
cated, except  that  in  any  county  in  which 
there  may  be  a register’s  office,  the  said  map 
shall  be  filed  therein,  instead  of  with  the 
county  clerk.  The  fourth,  fifth  and  sixth 


maps  shall  be  disposed  of  in  the  manner  in- 
dicated in  section  495  of  true  act. 

Corporation  counsel  to  eondnet  pro- 
ceedings. 

Sec.  490.  After  the  said  maps  shall  have 
been  filed,  as  provided  for  in  the  last  section, 
the  corporation  counsel  for  and  on  behalf 
of  the  city  of  New  York,  shall,  upon  first 
giving  the  notice  required  in  the  next  section 
of  this  title  apply  to  the  supreme  court,  at 
a special  term  thereof  to  be  held  in  the  ju- 
dicial district  in  which  the  real  estate  to  be 
acquired  or  affected  is  situated,  for  the  ap- 
pointment of  commissioners  of  appraisal.  Up- 
on such  application  he  shall  present  to  the 
court  a petition,  signed  and  verified  by  the 
said  commissioner,  according  to  the  practice 
of  said  court,  setting  forth  the  action  thereto- 
fore taken  by  said  commissioner  and  board 
of  public  Improvement,  ^and  the  filing  of  said 
map  and  praying  for  the  appointment  of  such 
commissioners.  Such  petition  shall  contain 
a general  description  of  all  the  real  estate 
to,  in,  or  over  which  any  title,  interest,  right 
or  easement  is  sought  to  be  acquired  for  the 
said  city  for  the  purposes  of  this  act,  each 
parcel  being  more  particularly  described  by 
c reference  to  the  number  of  said  parcel,  as 
given  on  said  map;  and  the  title,  interest  or 
easement  sought  to  be  acquired  to,  in,  or 
over  such  parcel,  whether  a fee  or  otherwise, 
shall  be  stated  in  the  petition. 

Notice  to  be  given. 

Sec.  491.  The  corporation  counsel  shall  give 
notice  in  the  City  Record,  and  corporation 
newspapers,  and  in  two  public  newspapers 
published  in  the  city  of  New  York,  and  in 
two  public  newspapers  published  in  each 
county  in  which  any  real  estate  laid  out  on 
said  maps  may  be  located,  of  his  intention, 
to  make  application  to  the  said  court  for  the 
appointment  of  such  commissioners  of  apprais- 
al, which  notice  shall  specify  the  time  and 
place  of  such  application,  shall  briefly  state 
the  object  of  the  application,  and  shall  de- 
scribe the  real  estate  sought  to  be  taken 
or  affected.  A statement  of  the  boundaries  of 
the  refel  estate  to  be  acquired  or  affected, 
with  separate  enumerations  of  the  numbers 
of  the  parcels  to  be  taken,  in  fee,  and  of  the 
numbers  of  the  parcels  in  which  any  interest 
or  easement  is  to  be  acquired,  with  a refer- 
ence to  the  date  and  place  of  filing  the  said 
map  shall  be  sufficient  description  of  the 
real  estate  sought  to  be  so  taken  or  affected. 
Such  notice  shall  be  so  published,  once  in  each 
week,  in  each  of  the  said  newspapers,  for 
six  weeks  immediately  previous  to  the  pres- 
entation of  such  petition;  and  the  corporation 
counsel  shall,  in  addition  to  the  said  adver- 
tisements, cause  copies  of  the  same,  in  hand- 
bills, to  be  posted  in  at  least  twenty  con- 
spicuous places  in  the  vicinity  of  the  real 
estate  so  to  be  taken  or  affected,  at  least 
six  weeks  prior  to  said  application. 

Motions  for  appointment  of  commis- 
sioners of  appraisal. 

Sec.  492.  At  the  time  and  place  mentioned 
in  S'aid  notice,  unless  the  said  court  shall  ad- 
journ said  application  >10  a subsequent  day, 
and  in  that  event,  at  the  time  to  wbich  the 
same  may  be  adjourned,  ttie  court  upon  due 
proof  to  its  satisfaction  of  the  publication  and 
posting  aforeaaid,  and  upon  filing  iihe  said  pe- 
tition, shall  make  an  order  for  the  appoint- 
ment of  three  disinterested  and  competent 
freeholders,  one  of  whom  shall  reside  in  tbe 
cO'Unty  of  New  York,  one  of  whom  shall  reside 
in  ttie  county  in  which  the  real  estate  acquired 
or  affecAed  is  situated,  and  one  of  whom  shall 
reside  in  tbe  co'unty  in  which  the  said  real  es- 
tate shall  be  situated,  or  in  an  adjoining  coun- 
ty, as  commissioners  of  appraisal  to  ascertain 
and  appraise  the  compensation  to  be  made  to 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


51 


the  owners  and  all  persons  interested  in  the 
real  estate  laid  down  on  said  maps,  as  pro- 
posed to  be  taten  or  affected  for  the  purposes 
indicated  in  tbis  act.  Such  order  shall  fix  the 
time  aiid  place  for  the  first  meeting  of  the 
commissioners. 

Commissioners  to  take  and  file  oatb. 

Sec.  493.  Tbe  said  commissioners  shall  take 
and  subscribe  the  oath  required  by  the  twelfth 
article  of  the  constitution,  and  shall  forthwith 
file  the  same  in  the  office  of  the  clerk  of  the 
county  in  which  the  real  estate  to  be  acquired 
or  affected  is  situated,  and  shall  file  certified 
copies  of  said  oath  in  the  office  of  the  register 
and  county  clerk  of  the  county  of  New  York. 

City  to  become  seized  of  real  estate. 

Sec.  494.  On  filing  tbe  oath  of  the  commis- 
sioners of  appraisal,  in  the  manner  provided  by 
the  last  section,  the  said  city  of  New  York 
shall  be  and  become  seized,  in  fee  of  all  those 
parcels  of  real  estate  which  are  shown  on  the 
said  map  hereinbefore  referred  to,  of  which  it 
has  been  determined  by  the  said  commis- 
sioner, that  the  fee  shall  be  acquired  and  shall 
be  entitled  to  take  and  hold  such  interest  m 
tne  parcels  of  land  in  which  ft  has  been  deter- 
mined that  the  fee  shall  not  be  acquired,  as 
has  been  shown  on  said  map  and  described  In 
said  petition,  and  may  Immediately,  upon  tne 
liring  of  such  oaths  and  such  certified  copiesj 
or  at  any  time  or  times  thereafter,  take  pos- 
session of  the  lands  shown  on  said  map,  or  any 
part  or  parts  thereof,  without  any  suit  or  pro- 
ceeding at  law  for  that  purpose. 
Proceeding's  of  commissioners! 

Sec.  495.  Any  one  of  said  commissioners  oi 
appraisal  may  issue  subpenas  and  administer 
oaths  to  witnesses;  and  they,  or  any  one  of 
them,  in  the  absence  of  the  others,  may  ad- 
journ the  proceedings  from  time  to  time,  in 
their  discretion,  but  they  shaU  continue  to 
meet,  from  time  to  time,  as  may  be  neces- 
sary to  hear,  consider  and  determine  upon  all 
claims  which  may  be  presented  to  them  under 
this  act.  In  case  of  death,  resignation,  re- 
fusal, neglect  or  Inability  to  serve,  of  any 
commissioner  or  commissioners  of  appraisal, 
the  corporation  counsel  shall,  upon  due  no- 
tice to  he  given  by  advertisement  in  the 
newspapers  designated  in  this  act  ten  days 
prior  to  such  application,  apply  to  the  su- 
preme court,  at  a special  term  thereof,  to  be 
held  In  the  judicial  district  in  which  the  real 
estate  is  situated  for  the  appointment  of  one 
or  more  commissioners  to  fill  the  vacancy 
or  vacancies  so  occasioned.  Whenever  the 
commissioners  meet,  except  by  appointment 
of  the  court,  or  pursuant  to  adjournment, 
tney  shall  cause  reasonable  notice  to  be  given 
to  the  attorneys  for  sucn  parties  who  have 
appeared.  It  shall  be  the  duty  of  the  commis- 
sioners of  appraisal  to  procure  from  the  cor- 
poration counsel  the  fourth,  fifth  and  sixth 
copies  of  the  maps  provided  for  in  this  act. 
They  shall  view  the  real  estate  laid  down  on 
said  maps,  and  shall  hear  the  proofs  and  alle- 
gations of  any  owner,  lessee  or  other  person 
in  any  way  entitled  to,  or  interested  in  said 
estate,  or  any  part  or  parcel  thereof,  and  also 
such  proofs  and  allegations  as  may  be  offered 
on  behalf  of  the  city  of  New  York.  They, 
or  a majority  of  them,  shall  also  determine 
the  height  to  which  the  waters  of  any  lake, 
pond  or  natural  stream  concerning  which  such 
proceedings  were  instituted  may  be  raised 
and  the  point  to  which  such  waters  may  be 
drawn  down  by  the  City  of  New  York,  such 
determination  to  be  made  before  any  award  of 
damages  shall  be  made  on  account  of  such 
proposed  raising  or  depressing  of  such  waters, 
and  they  shall  also  determine  what  sum  shall 
be  paid  to  the  general  or  special  guardian  or 
committee  of  an  infant,  idiot,  or  .person  of 
unsound  mind,  and  to  the  attorney  appointed 
by  the  court  to  attend  to  the  interests  of 


any  unknown  owner  or  party  in  interest,  or 
to  the  attorney  ot  guardian  of  any  party  In 
interest  whose  interests  are  unknown  or  the 
interest  of  any  person  or  persons  not  In  be- 
ing. They  shall  reduce  the  testimony,  if  any, 
taken  before  them,  to  writing,  and  after  the 
testimony  Is  closed,  they,  or  a majority  of 
them,  all  having  considered  the  same,  and 
having  an  opportunity  to  be  present,  shall, 
without  unnecessary  delay,  ascertain  and  de- 
termine the  just  compensation  which  ought 
justly  to  be  made  by  the  city  ot  New  York  to 
the  owners,  or  the  persons  interested  In  the 
real  estate  sought  to  be  acquired  or  affected 
by  said  proceedings.  The  said  commissioners 
of  appraisal  shall  make  reports  of  their  pro- 
ceedings to  the  supreme  court,  as  in  the  next 
section  provided,  with  the  minutes  of  the  tes- 
timony taken  by  them,  if  any,  and  they  shall 
be  entitled  to  the  payments  hereinafter  pro- 
vided for  their  services  and  expehses,  to  be 
paid  from  the  fund  herein  provided. 

Commissioners  to  prepare  report. 

Sec.  496.  The  said  commissioners  shall  pre- 
pare a report  and  a true  copy  or  copies 
thereof,  as  may  be  required,  to  which  shall  be 
respectively  annexed  the  fourth  and  fifth  copies, 
and,  if  required,  the  sixth  copy  of  the  maps 
referred  to  in  this  act.  The  said  report  shall 
contain  a brief  description  of  the  several 
parcels  of  real  estate  so  taken  or  affected, 
■ndth  a reference  to  the  map  as  showing  the 
location  and  boundaries  of  each  parcel;  a 
statement  of  the  sum  estimated  and  determin- 
ed upon  by  them  as  a just  compensation  to 
be  made  by  the  city  to  the  owners  of  or  per- 
sons entitled  to  or  interested  in  each  parcel 
so  taken  or  affected,  and  a statement  of  the  re- 
spective owners  of  or  persons  entitled  thereto 
or  interested  therein;  but  in  all  and  each  and 
every  case  and  cases,  where  the  owners  and 
parties  interested,  or  their  respective  estates 
or  interests  are  unknown,  or  not  fully  known, 
to  the  commissioners  of  appraisal,  it  shall  be 
sufficient  for  them  to  set  forth  and  state,  in 
general  terms,  the  respective  sums  to  be  al- 
lowed and  paifi  to  the  owners  of  and  parties 
Interested  therein  generally,  without  speci- 
fying the  names  or  estates  or  interests  of  such 
owners  or  parties  interested,  or  any  or  either 
of  them.  They  shall  also  recommend  such 
sums  as  shall  seem  to  them  proper  to  be  al- 
lowed to  the  parties  or  attorneys  appearing 
before  them,  as  costs,  counsel  fees,  expenses 
and  disbursements,  including  reasonable  com- 
pensation for  witnesses. 

Report  to  be  tiled. 

Sec.  497.  Said  report  signed  by  the  com- 
missioners, or  a majority  of  them,  shall  be 
filed  in  the  office  of  the  clerk  of  the  county 
in  which  the  real  estate  is  situated.  The 
commissioners  of  appraisal  shall  notify  the 
corporation  counsel  as  soon^as  the  said  report 
is  filed. 

Notice  o£  motion  to  confirm  report. 

Sec.  498.  The  corporation  counsel,  or,  In 
case  of  his  neglect  to  do  so  within  ten  days 
after  receiving  notice  of  such  filing,  then  any 
person  Interested  in  the  proceedings,  shall 
give  notice  that  the  said  report  will  be  present- 
ed for  confirmation  to  the  supreme  court,  at  a 
special  term  thereof,  to  be  held  in  the  judicial 
district  in  which  the  real  estate  Is  situated,  at 
a time  and  place  to  be  specified  in  said  notice. 
The  said  notice  shall  contain  a sitatement  of 
the  time  and  place  of  the  filing  of  the  report, 
and  shall  be  published  in  each  of  the  newspa- 
pers referred  to  in  section  491  of  this  act,  once 
in  each  week,  for  at  least  four  weeks  imme- 
diately prior  to  the  presentation  of  said  re- 
port for  confirmation. 

Confli-mation  of  report. 

Sec.  499.  The  application  for  the  confirma- 
tion of  the  report  shall  be  made  to  tbe  su-  ; 


preme  court,  at  a special  term  thereof,  held 
In  the  judicial  district  in  which  the  real 
estate  is  situated.  Upon  the  hearing  of  the 
application  for  the  confirmation  thereof,  the 
said  court  shall  confirm  such  report,  and 
make  an  order,  containing  a recital  of  the 
substance  of  the  proceedings  In  the  matter  of 
the  appraisal,  ■with  a general  description  of 
the  real  estate  appraised,  and  for  which  com- 
pensation is  to  be  made;  and  shall  also  direct 
to  whom  the  money  is  to  be  paid,  or  in  what 
trust  company  it  shall  be  deposited  by  the 
controller  of  the  city  of  New  York.  Such  re- 
port, when  so  confirmed,  shall  (except  in  the 
case  of  an  appeal,  as  provided  in  section  505 
of  this  act)  be  final  and  conclusive  as  well 
upon  the  said  city  of  New  York  as  upon  the 
owners  and  all  persons  interested  in  or  en- 
titled to  said  real  estate;  and  also  upon  all 
other  persons  whomsoever. 

Payment  of  awards. 

Sec.  600.  The  said  city  of  New  York  shall, 
within  four  calendar  months  after  the  making 
and  entry  of  the  order  confirming  the  report 
of  the  co'mmissloners  of  appraisal,  pay  to 
the  respective  owners  and  bodies,  politic  or 
corporate,  mentioned  or  referred  to  in  said 
report,  in  whose  favor  any  sum  or  sums  of 
money  shall  be  estimated  and  repo'rted  by  said 
commisaionens,  the  respective  sum  or  sums  so 
estimated  and'  reported  in  their  favor  respect- 
ively; with  lawful  interest  thereon,  from  the 
date  of  filing  the  oath  of  said  commissioners 
and  certified  copies  thereof,  as  by  this  act 
required.  And  in  case  of  neglect  or  default 
in  the  payment  of  the  same  within  the  time 
aforesaid,  the  respective  person  or  persons,  or 
bodies,  politic  or  corporate,  in  whose  favor 
the  same  shall  be  so  reported,  his,  her,  or 
their  executors,  administrators,  legal  repre- 
sentatives or  succassons,  at  any  time  or  times, 
after  application  first  made  by  him,  her,  or 
them,  to  the  controller  of  the  city  of  New 
York  for  payment  thereof,  may  sue  for  and 
recover  the  same,  with  lawful  interest,  as 
aforesaid,  and  the  costs  of  suit  In  any  proper 
form  of  action  against  the  said  city  of  New 
York  in  any  court  kaving  cognizance  thereof, 
and  in  which  it  shall  be  sufficient  to  declare 
generally  for  so  much  money  due  to  the 
plaintiff  or  plaintiffs  therein  by  virtue  of  this 
act,  for  real  estate  taken  or  affected  for  the 
purposes  herein  mentioned,  and  the  report 
and  order  confirming  report  of  said  commis- 
sioners, with  proof,  of  t'he  right  and  title  of 
the  plaintiff  or  plaintiffs  to  the  sum  or  sums 
demanded  shall  be  conclusive  evidence  in 
such  suit  or  action,  and  entitle  plaintiff  to 
judgment  therein. 

Sam  awarded  to  be  deposited  in  cer- 
tain cases. 

Sec.  501.  Whenever  the  owner  or  owners, 
person  or  persons  interested  in  any  real  es- 
tate taken  or  affected  in  such  proceedings, 
or  in  whose  favor  any  such  sum  or  sums  or 
compensation  shall  be  so  reported,  shall  be  un- 
der the  age  of  21  years,  of  unsound  mind, 
or  absent  from  the  state  of  New  York,  and  also 
in  all  cases  where  the  name  or  names  of  the 
owner  or  owners,  person  or  persons,  interested 
in  any  such  real  estate  shall  not  be  set  forth 
o-r  mentioned  in  the  said  report  or  where  the 
said  owner  or  owners,  person  or  persons,  be- 
ing named  therein  cannot,  upon  diligent  in- 
quiry, be  found,  or  where  there  are  adverse 
or  conflicting  claims  to  the  money  awarded 
as  compensation,  it  shall  be  lawful  for  the 
said  city  of  New  York  to  pay  the  sum  or  sums 
mentioned  in  the  said  report,  payable,  or 
that  would  be  coming  to  such  owner  or  owners, 
person  or  persons  respectively,  with  interest 
aforesaid,  into  such  trust  company  as  the  court 
may,  in  the  order  of  confirmation,  direct,  to 
the  credit  of  such  owner  or  owners,  person 
or  persons',  and  such  payment  shall  be  as 


62 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


valid  and  effectual,  in  all  respects,  as  if  made 
to  the  said  owner  or  owners,  person  or  per- 
sons interested  therein  respectively  them- 
selves, according  to  their  just  rights;  and  pro- 
vided, also,  that  in  all  and  each  and  every 
such  case  and  cases  where  any  such  sum  or 
sums,  or  compensation,  reported  by  the  com- 
missioners in  favor  of  any  person  or  persons, 
or  party  or  parties,  whatsoever,  whether 
named  or  not  named  in  the  said  report,  shall 
be  paid  to  any  person  or  persons,  or  party  or 
parties,  whomsoever,  when  the  same  shali  of 
right  beiong  and  ought  to  have  been  paid  to 
some  other  person  or  persons,  or  party  or 
parties,  it  shall  be  lawful  for  the  person  or 
persons,  or  party  or  parties  to  whom  the 
same  ought  to  have  been  paid,  to  sue  for  and 
recover  the  same,  with  lawful  interest  and 
costs  of  suits,  as  so  much  money  had  and  re- 
ceived to  his,  her  or  their  use,  by  the  person 
or  persons,  party  or  parties  respectively  to 
•whom  the  same  shall  have  been  so  paid. 

Wlio  may  present  claim  before  com- 
missioner. 

Sec.  502.  Every  owner  or  person  in  any  way 
Interested  in  any  real  estate  taken,  affected  or 
entered  upon  and  used  and  occupied  for  the 
purposes  contemplated  by  this  act,  and  any 
©■wner  or  person  interested  in  real  estate  con- 
tiguous thereto,  and  which  is  affected  by  the 
acquisition,  use  or  occupation  of  the  real 
estate  shown  on  said  rnap,  whether  such  con- 
tiguous real  estate  is  shown  on  the  maps  or  not. 
If  he  or  they  intend  to  make  claim  for  com- 
pensation for  such  taking,  entering  upon,  using 
or  occupying,  shall,  within  one  year  after  the 
appointment  of  the  commissioners  of  apprais- 
al. exhibit  to  the  said  commissioners  a state- 
ment of  claim,  and  shall  thereupon  be  entitled 
to  offer  testimony  and  to  be  heard  before  them 
touching  such  claim,  and  the  compensation 
proper  to  be  made,  and  to  have  a determina- 
tion made  by  such  commissioners  of  appraisal 
as  to  the  amount  of  such  compensation.  Every 
person,  corporation,  or  body  politic,  neglecting 
or  refusing  to  present  such  claim  within 
said  time  shall  be  deemed  to  have  surrendered 
his,  her  or  its  title  or  Interest  in  such  real 
estate,  or  his,  her  or  its  claim  for  damages 
thereto,  except  so  far  as  they  may  be  entitled 
as  such  owner  or  person  interested,  to  the 
■w'hO'le  or  a part  of  the  sum  of  money  awarded 
by  the  commissioners  of  appraisal  as  a just 
compensation  for  taking,  using  and  occupy- 
ing, or  as  damages  for  affecting  the  real 
estate  o'wned  by  said  person,  corporation,  or 
body  politic. 

City  protected  by  payment. 

Sec.  503.  Payment  of  the  compensation 
a-warded  by  said  commissioners  of  appraisal 
to  the  person  or  persons,  corporation,  or  body 
politic  named  in  their  report  (if  not  infants 
or  persons  of  unsound  mind)  shall,  in  the  ab- 
eenceofnoticetothe  city  of  New  York  of  other 
claimants  to  such  award,  proiect  the  said  city 
of  Now  York. 

Separate  reports  may  be  made. 

Sec.  504.  Said  commissioners  of  appraisal 
may,  in  their  discretion,  take  up  any  specified 
Claim  or  claims,  and  finally  ascertain  and  de- 
termine the  compensation  to  be  madq  thereon, 
and  make  a separate  report  with  reference 
thereto,  annexing  to  said  report  a copy  of  so 
much  of  the  maps  as  displays  the  parcel  or 
parcels  so  reported  on.  Such  report  shall,  as 
to  the  claims  therein  specified,  be  the  report 
required  in  this  act,  and  the  subsequent  ac- 
tion with  reference  thereto  shall  he  had  in  the 
same  manner  as  though  no  other  claim  was 
embraced  in  said  proceeding,  which,  however, 
shall  continue  as  to  all  claims  upon  which  no 
such  determination  and  report  is  made. 

Proceedings  in  case  of  an  appeal. 

gee.  505.  Within  twenty  days  after  the  mak- 


ing, entry  and  service  of  the  order  confirming 
the  report  of  the  commissioners  of  appraisal, 
as  provided  for  in  this  act,  of  which  notice 
may,  as  to  the  parties  who  have  not  appeared 
before  the  commissioners,  be  given  in  the 
manner  provided  in  this  act,  either  party 
may  appeal  by  notice  in  writing  to  the  appel- 
late division  of  the  supreme  count,  of  the 
judicial  department  in  -which  the" real  estate 
described  in  said  petition  and  shown  on  said 
map  is  situated.  Such  appeal  shall  be  heard, 
on  due  notice  thereof  being  given,  according 
to  the  rules  and  practice  of  the  said  court, 
and  pending  such  appeal  the  controller  of  the 
city  of  New  York  shall  deposit  in  such  trust 
company  as  the  court  shall  direct  the 
amount  of  the  award,  with  interest  to  the 
date  of  such  deposit,  and  the  funds  so  depos- 
ited stall  remain  with  the  trust  company, 
subject  to  the  further  order  of  the  court.  On 
the  hearing  of  such  appeal  the  court  may  di- 
rect a new  appraisal  and  determination  by 
the  same  or  new  commissioners,  in  its  dis- 
cretion, and  either  party  if  aggrieved  may 
take  a further  appeal,  which  shall  be  heard 
and  determined  by  the  court  of  appeals.  In 
the  case  of  a new  appraisal  the  second  report 
ishall  be  final  and  conclusive  on  all  parties 
and  persons  interested.  If  the  amount  of 
compensation  to  he  made  by  the  said  city  is 
Increased  by  the  second  report  the  difference 
shali  be  paid  by  the  controller  of  the  city  of 
New  York  to  the  parties  entitled  to  the  same 
or  shall  ha  deposited  as  the  court  may  direct; 
and  if  the  amount  is  diminished,  the  differ- 
ence shall  be  refunded  to  the  said  city  of 
New  York  by  the  trust  company.  But  the 
taking  of  an  appeal  by  any  person  or  persons 
shall  not  operate  to  stay  the  proceedings 
under  this  act,  providing  such  award  and 
Interest  have  been  deposited.  Such  appeal 
shall  be  heard  upon  the  evidence  taken  and 
proceedings  had  before  such  commissioners. 

How  defects  may  be  remedied. 

Sec.  506.  The  supreme  court  of  the  judicial 
district  in  which  the  real  estate  is  situated 
shall  have  power  at  any.  time  to  amend  any 
defect  or  informality  in  any  of  the  special 
proceedings  authorized  by  this  act  as  may  be 
necessary,  or  to  cause  other  property  to  be 
included  therein,  and  to  direct  such  further 
notices  to  be  given  to  any  party  in  interest  as 
it  deems  proper,  and  also  to  appoint  other 
commissioners  in  place  of  any  who  shall  die 
or  refuse  or  neglect  to  serve,  or  he  incapable 
of  serving,  or  be  removed.  And  the  said 
court  may  at  any  time  remove  any  of  said 
commissioners  of  appraisal  who,  in  their 
judgment,  shall  he  incapable  of  serving  or 
who  shall,  for  any  reason  in  their  judgment, 
be  an  unfit  person  to  serve  as  such  commis- 
sioner. The  cause  of  such  removal  shall  be 
specified  in  the  order  making  the  same.  If 
in  any  particular  it  shall  at  any  time  be 
found  necessary  *to  amend  any  pleading  or 
proceeding,  or  to  supply  any  defect  therein, 
arising  in  the  course  of  any  special  proceed- 
ing authorized  by  this  act,  the  same  may  ue 
amended  or  suppUed  in  such  manner  as  shall 
be  directed  by  the  supreme  court,  whioh  .'s 
hereby  authorized  to  make  such  amendment 
or  correction. 

Agreements  with  owners  of  real  estate 

Sec.  507.  The  said  commissioner  of  water 
supply,  subject  to  the  approval  of  the  board  of 
public  improvements,  may  agree  with  the  own- 
ers or  persons  interested  in  any  real  estate  laid 
down  on  said  maps  as  to  the  amount  of  com- 
pensation to  he  paid  to  such  owners  or  per- 
sons interested  for  the  taking  or  using  and 
occupying  such  real  estate.  And  in  case  any 
such  real  estate  shall  be  owned,  occupied  or 
enjoyed  by  the  people  of  this  state,  or  by  any 
county,  town  or  school  district  within  this 
state,  such  righibs,  titles,  interests  or  proper- 


ties may  be  paid  for  upon  agreement  respec- 
tively with  the  commissioners  of  the  land  of- 
fice, who  shall  act  for  the  people  of  the  state, 
with  a chairman  and  a majority  in  numbers 
of  t-he  board  of  supervisors  of  any  county, 
who  shall  act  for  such  county,  and  with  the 
supervisor  and  commissioners  of  highways 
in  any  town,  who  shall  act  for  such  town, 
and  with  the  trustees  of  any  school  district, 
who  shall  act  for  such  district,  and  with  the 
president  and  a majority  of  the  board  of 
trustees  cf  any  incorporated  village.  The  com- 
missioners of  the  land  office  shall  have  power 
to  grant  to  the  said  city  any  real  estate  be- 
longing to  the  people  of  this  state  which  may 
be  required  for  the  purposes  indicated  in  this 
act,  on  such  terms  as  may  be  agreed  on  be- 
tween them  and  the  said  commissioners; 
and  if  any  real  estate  of  any  county,  town,  or 
school  district  is  required  by  said  city  for  the 
purpose  of  this  act,  the  majority  of  the  board 
of  supervisors,  acting  for  such  county,  or  the 
supervisors  of  any  such  town,  with  the  com- 
missioners of  highways  therein,  acting  for 
such  town,  or  the  trustees  of  any  school  dis. 
trict,  acting  for  such  district,  or  the  president 
and  majority  of  trustees  of  any  incorporated 
village,  may  grant  or  surrender  such  real  es- 
tate for  such  compensation  as  may  be  agreed 
upon  between  such  officers  respectively  and 
the  said  commissioners. 

Compensation  and  expenses  of  com- 
missioners. 

Sec.  508.  The  commissioners  of  appraisal, 
appointed  in  pursuance  of  this  act,  shall  re- 
ceive as  compensation  for  their  services  the 
sum  of  $10  per  day  for  each  day  upon  which 
the  said  commissioners  shall  be  actual- 
ly and  necessarily  employed  in  the  per- 
formance of  the  duties  imposed  upon  them  by 
this  act.  They  may  employ  the  necessary 
clerks  and  stenographers.  The  corporation 
counsel  shall,  either  in  person  or  by  such 
counsel,  as  he  shall  designate  for  the  purpose, 
appear  for  and  protect  the  interests  of  the 
city  in  all  such  proceedings  in  court  and  be- 
fore the  commissioners.  The  fees  of  the  com- 
missioners and  the  salaries  and  compensation 
of  their  employes,  and  their  necessary  travel- 
ing expenses,  and  all  other  necessary  expenses 
in  and  about  the  special  proceedings  provided 
by  this  act,  to  be  had  for  acquiring  title  or 
extinguishing  claims  for  damages  to  real  es- 
tate, and  such  allowance  for  counsel  fees, 
expenses  and  witness  fees  as  may  be  recom- 
mended by  the  commissioners  and  ordered 
paid  by  order  of  the  court,  shall  be  paid  by 
the  controller  of  the  city  of  New  York,  out 
of  the  funds  hereinafter  provided,  when  they 
have  been  taxed  before  a justice  of  the  su- 
preme court  in  the  judicial  district  in  which 
the  real  estate  is  situated,  upon  five  days’ 
notice  to  the  corporation  counsel. 

Issae  of  bonds. 

Sec.  509.  The  controller  of  the  city  of  Ne-w 
York  is  hereby  authorized  and  directed  to 
raise,  from  time  to  time,  on  bonds  of  said 
city,  in  addition  to  the  amounts  which  he  is 
now  authorized  to  raise  for  such  purposes, 
such  sums  of  money  as  sihall  be  sufficient  to 
pay  for  any  real  estate,  or  for  the  extin- 
guishment of  any  rigtit,  title,  or  interest 
therein  acquired,  and  all  damages  appraised 
to  persons  interested  therein,  together  with 
all  expenses  necessarily  incurred  in  acquiring 
title  to  such  real  estate,  or  in  extinguishing 
claims  for  damages  thereto,  and  for  all  other 
expenditures  herein  authorized. 

Descriptloa  of  bonds. 

Sec.  510.  The  bonds  to  be  issued  by  the 
controller  of  the  city  of  New  York  in  pur- 
suance of  this  title  shall  be  called  “Corpo- 
rate stock  of  the  city  of  New  York,’’  and 
shall  he  issued  in  the  manner  hereinbefore 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


» — — 


B8 


provided  for  the  issue  of  corporate  stock, 
subject,  however,  to  the  limitations  of  the 
state  constitution.  And  the  municipal  as- 
sembly of  said  city  is  hereby  authorized  and 
directed  to  raise,  from  time  to  time,  by  tax 
upon  the  estates,  real  and  personal,  subject 
to  taxation  in  the  city  of  New  York,  the  sum 
or  sums  of  money  which  may  be  required  to 
pay  the  Interest  on  said  bonds  and  to  redeem 
them  at  maturity. 

Jurisdiction  of  state  board  of  health. 

Sec.  511.  Any  lake  or  reservoir  constructed 
or  maintained  under  the  provisions  of  this  act 
shall  be  subject  to  such  sanitary  regulations 
as  the  state  board  of  health  shall  prescribe. 
Hig-hways  and  bridges. 

Sec.  512.  The  city  of  New  York  is  hereby 
required  to  build  and  construct  such  high- 
ways and  bridges  as  may  be  made  necessary 
by  the  construction  of  any  reservoir  in  the 
counties  of  Westchester,  Putnam,  Queens  or 
Suffolk  under  this  act,  and  to  repair  and 
forever  maintain  such  additional  bridges  as 
may  be  made  necessary  by  the  construction 
of  such  reservoir  or  reservoirs. 

Account  of  expenditure  to  he  filed  in 

controller’s  office. 

Sec.  513.  The  said  commissioner  of  water 
supply  shall,  in  every  calendar  month,  file  in 
the  ofiBce  of  the  controller  of  the  city  of  New 
York  an  account  of  all  expenditures  made 
by  him,  or  under  his  authority,  and  of  all 
liabilities  incurred  by  him,  during  the  pre- 
ceding month,  and  an  abstract  of  each  such 
account  shall  be  published  in  the  City  Record. 

Limit  within  which  Lake  Mahopac  may 

not  be  drawn  down. 

Sec.  514.  Nothing  herein  contained  shall 
authorize  or  empower  or  permit  any  water  in 
excess  of  the  ordinary  flow  thereof  to  be 
drawn  from  Lake  Mahopac,  in  the  town  of 
Carmel,  Putnam  county,  between  the  first  days 
of  March  and  September  in  any  year. 

Present  proceedings  to  be  continued. 

Sec.  515.  All  proceedings  pending  at  the  time 
this  act  takes  effect  for  the  acquisition  of 
title  to  or  the  extinguishment  of  rights  in 
real  estate  for  any  of  the  purposes  in  this 
title  specified,  shall  be  continued  and  prose- 
cuted to  a conclusion  accordlilg  to  the  re- 
spective provisions  of  Law  under  which  said 
proceedings  may  have  been  begun,  and  as  to 
all  such  proceedings  this  act  shall  not  be 
deemed  applicable. 

Id.;  corporations  authorized  to  use 

ground  under  streets,  etc. 

Sec.  516.  All  persons  acting  under  the 
authority  of  the  city  of  New  York  shall  have 
the  right  to  use  the  ground  or  soil  under  any 
street,  highway  or  road  within  this  state  for 
the  purpose  of  Introducing  water  into  the  city 
of  New  York,  on  condition  that  they  shall 
cause  the  surface  of  said  street,  highways  or 
roads  to  be  restored  to  its  original  state,  and 
all  damages  done  thereto  shall  be  repaired. 

Devolution  of  powers  of  former  boards 

Sec.  617.  For  all  the  purposes  of  this  act  all 
of  the  rights,  powers,  privileges,  duties  and 
ebllgations,  heretofore  created  by  law  or  other- 
wise of  the  city  of  Brooklyn,  or  of  any  of  its 
departments  or  officers  respecting  the  water 
works  of  said  city  are,  so  far  as  they  are 
consistent  with  the  provisions  of  this  act, 
hereby  vested  in  the  city  of  New  York,  as  con- 
stituted by  this  act,  and  as  matter  of  admin- 
istration devolved  upon  the  commissioner  of 
water  supply  of  the  city  of  New  York  to  be 
by  him  exercised  in  accordance  with  the  pro- 
visions, directions  and  limitations  of  this  act, 
and  all  of  the  rights,  powers,  privileges,  duties 
and  obligations  of  Long  Island  City,  or  of  any 
or  either  of  its  departments  or  officers,  or  of 
*ny  town,  village  ox  district  in  any  of  the 


territory  hereby  annexed  to  the  corporation 
heretofore  known  as  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New  Yoi'k,  and  by 
this  act  consolidated  into  one^  city,  in  respect 
to  any  of  the  pubilc  water  worlcs  or  the  public 
water  system,  or  the  public  water  supply 
thereof;  the  sale  and  distribution  of  the  same, 
are  hereby  vested  in  the  city  of  New  York, 
and  for  the  purpose  of  administration  are 
hereby  devolved  upon  the  said  commissioner 
of  water  suppiy  of  the  city  of  New  York  to 
be  by  him  executed  pursuant  to  the  provisions, 
directions  and  limitations  of  this  act. 

Sec.  518.  Nothing  in  this  act  contained  shall 
be  deemed  or  construed  to  repeal,  or  in  any 
wise  affect  chapter  four  hundred  and  ninety 
of  the  laws  of  eighteen  hundred  and  eighty- 
three,  entitled  “An  act  to  provide  new  reser- 
voirs, dams  and  a new  aqueduct  with  the  ap- 
purtenances thereto  for  the  purpose  of  sup- 
plying the  city  of  New  York  with  an  in- 
creased supply  of  pure  and  wholesome  water,’’ 
or  the  several  acts  amendatory  thereof,  but 
the  said  act  and  its  amendments  shall  re- 
main in  full  force  and  eff,ect,  provided  that 
the  commissioners  therein  specified,  shall  not 
hereafter  begin  the  construction  of  any  new 
work,  except  such  as  may  be  properly  and 
necessarily  appurtenant  to  work,  the  construc- 
tion of  w'hich  has  been  begun  before  the  date 
upon  which  this  act  takes  effect.  The  term 
of  office  of  the  commissioners  appointed  and  ex- 
isting under  the  aforesaid  act  shall  cease  and 
determine  on  the  completion  of  the  work,  and 
thereupon  all  papers,  documents  and  records 
in  possession  of  the  aqueduct  commissioners 
shall  be  delivered  to  the  commissioner  of 
water  supply.  [Thus  amended  by  Chapter 
313,  Laws  of  1899.] 

TITLE  5. 

DEPARTMENT  OP  HIGHWAYS. 
Commissioner  of  bighways;  appoint- 
ment, term,  salary. 

Sec.  523.  The  head  of  the  department  of 
highways  shall  be  called  the  commissioner  of 
highways.  He  shall  be  appointed  by  the 
mayor  and  hold  office  as  provided  in  chapter 
tv  of  this  act.  His  salary  shall  be  seven 
thousand  five  hundred  dollars  a year. 

i 

Id.;  jurisdiction. 

Sec.  524.  The  commissioner  of  highways 
shall  have  cognizance  and  control: 

(1)  Of  regulating,  grading,  curbing,  flag- 
ging and  guttering  of  streets  and  laying 
crosswalks. 

(2)  Of  constructing  and  repairing  public 
roads. 

(3)  Of  paving,  repaving,  resurfacing  and 
repairing  of  all  streets  and  of  the  relaying 
of  all  pavements  removed  for  any  cause. 

(4)  Of  the  laying  or  relaying  of  surface 
railroad  tracks  in  any  public  street  or  road, 
of  the  form  of  rail  used,  or  character  of 
foundation,  and  the  method  of  construction; 
and  of  the  restoration  of  the  pavement  or 
surface  after  such  work. 

(5)  Of  the  filling  of  sunken  lots,  fencing 
of  vacant  lots,  digging  down  lots  and  of 
licensing  vaults  under  sidewalks. 

(6)  Of  recommending  to  the  board  of  public 
Improvements,  ordinances  relating  to  any 
of  the  matters  within  the  province  of  his 
department.  He  shall  make  an  annual  re- 
port of  the  business  and  transactions  of  his 
department  to  the  mayor. 

(7)  Of  the  removal  of  incumbrances. 

(8)  Of  the  issue  of  permits  to  builders  and 
others  to  use  the  streets,  but  not  to  open 
them. 

Permit  from  department  of  bighways 
necessary  for  removals  of  pavements, 
etc.;  procednre  in  case  of  pavements 
reloid,  etc. 

Sec.  525.  No  removal  of  the  pavement  or 


disturbance  of  the  surface  of  any  street  for 
the  purpose  of  constructing  vaults  or  lateral 
ways, . digging  cellars,  laying  foundations  of 
buildings  or  other  structures,  making  newer 
connections,  or  repairing  sewers  or  pipes,  of 
laying  down  gas  and  water  pipes,  steam  pipes 
and  electric  wires,  or  introducing  the  same 
into  buildings,  or  for  any  purpose  whatever, 
shall  be  made  until  a permit  is  first  had 
from  the  department  of  highways,  and  when- 
ever any  portion  of  the  pavement  in  any  street 
or  avenue  in  said  city  shall  have  been  re- 
moved for  any  of  these  purposes,  and  such 
pavement  shall  not  be  relaid  in  a man- 
ner satisfactory  to  the  commissioner,  the  said 
commissioner  may  cause  a notice,  in  writ- 
ing, to  be  served  upon  the  person  or  corpor- 
ation by  whom  the  same  was  removed,  or  if 
such  removal  was  for  the  purpose  of  mak- 
ing connection  between  any  house  or  lot,  or 
any  sewer  or  pipes  in  the  street,  or  for  con- 
structing vaults,  or  otherwise  improving  any 
house  or  lot,  upon  the  owner  or  occupant 
of  such  house  or  lot  requiring  such  person  or 
corporation,  or  the  owner  or  occupant  of  such 
house  or  l«t,  to  have  such  pavement  properly 
relaid  within  five  days  after  service  of  such 
notice.  Such  notice  may  be  served  upon  tho 
owner  or  occupant  of  a house  or  lot  by  leav- 
ing the  same  with  any  person  of  adult  age 
upon  said  premises  or  posting  the  same  there- 
upon; in  case  such  pavement  or  portion  there- 
of, shall  not  be  relaid  to  the  satisfaction 
of  said  commissioner  w'ithin  the  time  speci- 
fied in  such  notice,  it  shall  be  lawful,  and  au- 
thority is  hereby  given  to  said  commissioner, 
to  have  such  pavement,  or  the  portion  there- 
of which  shall  have  been  so  unsatisfactorily 
laid,  put  in  proper  order  and  repair,  in  such 
manner  as  the  commissioner  may  deem  best, 
on  account  of  the  person  or  corporation  by 
whom  shch  pavement  was  removed,  or  of 
the  owner  of  the  premises  for  whose  benefit 
such  removal  was  made.  Upon  the  costs 
of  such  work  being  certified  to  the  control- 
ler of  the  city  of  New  York  by  the  said 
commissioner,  with  a description  of  the  lot 
or  premises  to  improve  which  such  removal 
was  made,  said  controller  shall  pay  the  same, 
and  the  amount  so  paid  shall  become  a lien 
and  charge  upon  the  premises  so  described, 
and,  on  being  certified  by  the  controller  to 
the  collector  of  assessments  and  arrears, 
may  be  collected  in  the  same  manner  that 
arrears  and  water  rates  are  collected  under 
the  direction  of  ‘such  collector  of  assessments 
and  arrears.  But  nothing  herein  contained 
shall  be  deemed  to  prohibit  said  commis- 
sioner from  demanding,  before  issuing  said 
permit,  and  as  a condition  thereof,  the  de- 
posit of  such  sum  of  money,  or  other  se- 
curity, as  in  his  judgment  may  be  neces- 
sary to  pay  the  cost  of  properly  relaying  the 
pavement  so  removed,  together  with  the  ex- 
pense of  the  inspection  thereof. 

Tlie  office  of  commissioner  of  street 
improvements  in  tlie  23d  nnd  24th 
wards  abolished;  devolution  of 
powers. 

Sec.  526.  The  office  of  commissioner  of 
iS'tr'eet  Improvements  of  the  Twenty-third 
and  Twenty-fourth  wards  of  the  city  of  New 
York,  created  by  chapter  five'  hundred  and 
forty  of  the  laws  of _ eighteen  hundred  and 
ninety,  is  hereby  abolished,  and  all  the  pow- 
ers, privileges  and  duties  of  the  said  com- 
missioner of  street  improvements  for  the 
said  Twenty-third  and  Twenty-fourth  wards, 
which  in  any  way  relate  to  the  regulating, 
grading,  regrading,  curbing,  flagging  and  gut- 
tering of  streets,  laying  of  crosswalks,  the 
constructing  and  repairing  of  public  roads, 
paving,  repairing  and  repaving  of  all  streets 
and  the  relaymg  of  all  pavements  removed 
for  any  cause,  of  the  filling  of  sunken  lots, 
are  hereby,  so  far  as  the  same  are  consisteat 


54 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


with  the  requirements  of  this  act.  devolved 
upon  the  commissioner  of  highways  of  the 
city  of  New  York,  and  are  to  be  exercised  and 
performed  by  him  according  to  the  provisions 
of  this  act. 

Devolntion  of  povrei'S  of  former  boards 

Sec.  627.  All  powers  and  duties  conferred 
upon  the  corporation  heretofore  known  as  the 
mayor,  aldermen  and  commonalty  of  the  city 
of  New  York,  or  upon  any  board  or  olHcer 
thereof,  or  upon  the  corporation  known  as 
the  city  of  Brooklyn,  or  upon  any  board  or 
officer  thereof,  or  upon  the  corporation  known 
as  Long  Island  City,  or  upon  any  board  or  offi- 
cer thereof,  and  upon  any  other  municipal 
corporation,  town  or  village,  within  the  county 
of  Richmond,  or  within  so  much  of  the  terri- 
tory of  the  couaty  of  Queens  as  is  by  this  act 
annexed  to  the  municipal  corporation  known 
as  the  mayor,  aldermen  and  commonalty  cf 
the  city  of  New  York,  and  consolidated  into 
the  municipality  known  as  the  city  of  New 
York,  in  any  way  relating  to  the  regulating, 
grading,  regrading,  curbing,  flagging  and 
guttering  of  streets,  the  laying  of  crosswalks, 
the  constructing  and  repairment  of  public 
roads,  paving,  repaving  and  repairing  of  al' 
Bcreets,  and  the  relaying  of  all  pavements  re- 
moved for  any  cause,  the  filling  of  sunken 
lots  and  all  matters  directly  related  thereto, 
are  hereby  vested  in  the  city  of  New  York, 
as  constituted  by  this  act,  and  as  matter  of 
adminstratioB  devolved  upon  the  commission- 
er of  highways,  and  by  him  are  to  be  execut- 
ed pursuant  to  the  provisions,  directions  and 
limitations  of  this  act. 

TITLE  6. 

DEPARTMENT  OP  STREET  CLEANING. 
Commissioner,  appointment,  term  and 
salary. 

Sec.  633.  The  head  of  the  department  of 
street  cleaning  shall  be  called  tbe  commis- 
sioner of  street  cleaning.  He  shall  be  appoint- 
ed by  the  mayor  and  shall  bold  office  as  pro- 
vided in  chapter  IV  of  this  act.  His  salary 
shall  be  $7,500  a year. 

Id.;  jnrisdietion. 

Sec.  534.  The  commissioner  of  street  clean- 
ing shall  have  cognizance  and  control; 

(1)  Of  ttie  sweeping  and  cleaning  of  the 
streets  of  the  city,  and  of  cbe  retnoval  or 
other  disposition  as  often  as  the  public 
health  and  the  use  of  the  streets  may  re- 
quire, of  ashes,  street  sweepings,  garbage 
end  other  light  refuse  and  rubbisb,  and  of 
the  removal  of  snow  and  ice  from  lead- 
ing thoroughfares  and  from  such  other 
streets  as  may  be  found  practicable. 

(2)  Of  the  framing  of  regulations  controll- 
ing the  use  of  sidewalks  and  gutters  by 
abutting  owners  and  occupants  for  tbe  dis- 
position of  sweepings,  refuse,  garbage  or 
light  rubbish,  whch,  when  so  framed  and  ap- 
proved by  the  board  of  public  improvements 
and  the  municipal  assembly  shall  be  pub- 
lished in  like  manner  as  city  ordinances,  and 
shall  be  enforced  by  the  police  department 
in  the  same  manner  and  to  the  same  ex- 
tent as  such  o^rdinances. 

Sec.  536.  The  term  streets  as  used  in  this 
title  shall  not  he  deemed  to  include  such  mac- 
adamized streets  as  are  within  any  park  or 
are  under  control  or  management  of  the  de- 
partment of  parks,  nor  such  wharves,  piers 
and  bulkheads  or  slips  and  pants  of  streets 
and  places  as  are  by  law  committed  to  the 
custody  and  control  of  the  department  cf 
docks  and  ferries. 

Street  cleaning  deiiartincnt ; mcmliers 
of;  clerical  and  nniformcd  forces. 

Sec.  536.  The  members  of  the  department 
of  street  cleaning  shall  be  divided  into  two 
general  classes,  to  be  designated,  respectively. 


the  clerical  force  and  the  unllormed  force. 
The  clerical  force  shall  consist  of  a chief  clerk, 
medical  examiners,  not  exceeding  three  in 
number,  and  such  and  so  many  clerks  and 
messengers  as  the  commissioner  of  street 
cleaning  shall  deem  necessary;  but  the  aggre- 
gate salaries  of  the  said  clerical  force  shall 
not  exceed  in  any  year  the  amount  appropri- 
ated therefor  by  the  board  of  estimate  and 
apportionment.  The  uniformed  force  shall 
be  appointed  by  the  commissioner  of  street 
cleaning  and  shall  consist  of  one  general  super- 
intendent, one  assistant  superintendent,  one 
superintendent  of  stables,  one  superintendent 
of  final  disposition,  one  assistant  superinten- 
dent of  final  disposition,  district  superinten- 
dents, not  exceeding  twenty-one  in  number; 
time  collectors,  not  exceeding  eight  in  number; 
section  foremen,  not  exceeding  one  hundred 
and  twenty-five  in  number;  dump  inspectors, 
not  exceeding  forty-three  in  number,  assistant 
dump  inspectors,  not  exceeding  forty-three 
in  number;  tug  and  scow  inspectors,  not  ex- 
ceeding twenty-five  in  number;  sweepers,  not 
exceeding  thirty-one  hundred  in  number; 
dump  boardmen,  not  exceeding  forty-three  in 
number;  drivers,  not  exceeding  sixteen  hun- 
dred in  number;  stable  foremen,  not  exceed- 
ing twenty-one  in  number;  assistant  stable 
foremen,  not  exceeding  twenty-one  in  number; 
hostlers,  not  exceeding  one  hundred  and  forty- 
six  in  number;  a master  mechanic  and  such  and 
so  many  mechanics  and  helpers  as  may  be 
necessary;  but  the  aggregate  salaries  of  such 
mechanics  and  helpers  shall  not  exceed  In 
any  year  the  amount  appropriated  therefor  by 
the  board  of  estimate  and  apportionment  and 
the  municipal  assembly.  The  commissioner  of 
street  cleaning  shall  have  power  and  is  here- 
by authorized  to  Increase  the  said  uniformed 
force,  from  time  to  time,  by  adding  to  the 
number  of  sweepers,  drivers  and  hostlers,  pro- 
vided the  board  of  estimate  and  apportionment 
and  the  municipal  assembly  shall  have  pre- 
viously made  an  appropriation  for  the  purpose 
of  permitting  such  increase.  The  annual  sal- 
aries and  compensations  of  the  members  of  the 
uniformed  force  of  the  department  of  street 
cleaning  shall  be  fixed  by  the  board  of  esti- 
mate and  apportionment  and  shall  not  exceed 
the  following;  Of  the  general  superintendent, 
•three  thousand  dollars;  of  the  assistant  super- 
intendent, two  thousand  five  hundred  dollars; 
of  the  superintendent  of  stables,  two  thousand 
dollars;  of  the  master  mechanic,  one  thousand 
eight  hundred  dollars;  of  the  superintendent 
of  final  disposition,  two  thousand  dollars;  of 
the  assistant  superintendent  of  final  disposi- 
tion, one  thousand  five  hundred  dollars;  of  the 
district  superintendents,  one  thousand  eight 
hundred  dollars  each;  of  the  time  collectors, 
one  thousand  two  hundred  dollars  each;  of  the 
section  foremen,  one  thousand  two  hundred 
dollars  each;  of  sweepers  or  drivers  acting  as 
assistants  to  the  section  or  stable  foremen, 
nine  hundred  dollars  each;  of  the  dump  in- 
spectors, one  thousand  two  hundred  dollars 
each;  of  the  assistant  dump  Inspectors,  nine 
hundred  dollars  each;  of  the  tug  and  scow  in- 
spectors, one  thousand  two  hundred  dollars 
each;  of  the  dump  boardmen,  seven  hundred 
and  twenty  dollars  each;  of  the  sweepers,  sev- 
en hundred  and  twenty  dollars  each;  of  the 
drivers,  seven  hundred  and  twenty  dollars 
each;  of  the  stable  foremen,  one  thousand 
three  hundred  dollars  each;  of  the  assistant 
stable  foremen,  one  thousand  dollars  each;  of 
the  hostlers,  seven  hundred  and  twenty  dollars 
each.  Hostlers  may  receive  extra  pay  for  Sun- 
days if  an  appropriation  therefor  is  made  by 
the  board  of  estimate  and  apportionment.  The 
members  of  the  department  of  street  cleaning 
shall  he  employed  at  all  such  times  and  during 
such  hours  and  upon  such  duties  as  the  com- 
missioner of  street  cleaning  shall  direct,  for 


the  purpose  of  an  effective  performance  of  th* 
work  devolving  tipon  the  said  department.  In 
case  of  a snow  fall  or  other  emergency,  the 
commissioner  of  street  cleaning  or  the  deputy 
commissioner  may  hire  and  employ  tempora- 
rily such  and  so  many  men,  carts  and  horses 
as  shall  be  rendered  necessary  by  such  emer- 
gency, forthwith  reporting  such  action  with 
the  full  particulars  thereof  to  the  mayor,  but 
no  man,  cart  or  horse,  shall  be  so  hired  or 
employed  for  a longer  period  than  three  days, 
except  that  any  person  registered  or  eligible 
to  appointment  as  a driver,  or  as  a sweeper 
may  be  temporarily  employed  at  any  time  as 
an  extra  driver  or  sweeper  to  fill  the  place  of 
a driver  or  sweeper  who  is  suspended  or  tem- 
porarily absent  from  duty  from  any  cause. 
The  rate  of  compensation  of  such  extra  drivers 
or  sweepers  shall  be  two  dollars  per  day,  and 
the  driver  or  sweeper  whose  place  is  so  filled 
shall  not  receive  any  compensation  for  the 
time  during  which  he  is  so  absent  from  duty 
or  his  place  is  so  filled,  unless  such  injury  or 
illness  was  contracted  In  the  service  of  the 
department.  The  services  of  any  person  em- 
ployed, and  of  carts  and  horses  hired  pursu- 
ant to  this  section,  shall  be  paid  for  in  full 
and  directly  by  the  department  of  street  clean- 
ing, at  such  times  as  may  be  prescribed  by 
such  department;  and  they,  and  each  of  them, 
shall  be  employed  and  hired  directly  by  the 
department  of  street  cleaning  and  not  through 
contractors  or  other  persons,  unless  the  com- 
missioner himself  shall  determine  that  this 
requirement  must  for  proper  action  in  a partic- 
ular instance  be  dispensed  with.  Nothing 
herein  contained  shall  affect  any  existing  con- 
tracts made  with  or  by  the  department  of 
street  cleaning  in  regard  to  the  cleaning  of 
Broadway  below  Fourteenth  street  in  said  city 
or  the  renewal  thereof,  if  deemed  best  by  the 
commissioner  of  said  department.  [Thus 
amended  by  Chapter  261,  Laws  of  1899.). 

Id.;  removnl  of  iuem1>ers  of  clerical 
and  uniformed  forces. 

Sec.  537.  No  member  of  the  clerical  force 
of  the  department  of  street  cleaning  shall  be^ 
removed  until  he  has  been  informed  of  the 
cause  of  the  proposed  removal  and  has  been 
allowed  an  opportunity  of  making  an  ex- 
planation and  in  every  case  of  removal  the 
true  grounds  thereof  shall  be  entered  upon 
the  records  of  the  department.  The  commis- 
sioner of  street  cleaning  shall  have  power, 
in  his  discretion,  on  evidence  satisfactory  to 
him  that  a member  of  the  uniformed  force 
has  been  guilty  of  any  legal  or  ciiminal 
offense  or  neglect  of  duty,  violation  of  rules, 
or  neglect  or  disobedience  of  orders,  or  inca- 
pacity, or  absence  without  leave,  or  conduct 
injurious  to  the  public  peace  or  welfare,  or 
immoral  conduct,  or  any  breach  of  discipline, 
to  punish  the  offending  party  by  forfeiting 
or  withholding  pay  for  a specified  time,  sus- 
pension without  pay  during  such  suSpenision 
for  a period  not  exceeding  thirty  days,  or 
by  dismissal  from  the  force,  but  no  more 
than  thirty  days’  pay  or  salary  shall  be 
forfeited  or  deducted  for  any  offense.  The 
said  commissioner  is  also  authorized  and  em- 
powered, in  his  discretion,  to  deduct  and 
withhold  pay,  salary  or  compensation  from 
any  member  or  members  of  the  force  for  and 
on  account  of  absence  for  any  cause  without 
leave.  All  fines  imposed  and  pay  deducted 
or  withheld  under  the  provisions  of  this  sec- 
tion, shall  be  retained  by  the  controller  to 
the  credit  of  the  apportionment  for  the  de- 
partment of  street  cleaning,  and  shall  be  ap- 
plicable, in  the  discretion  of  the  commis- 
sioner of  street  cleaning,  to  any  of  the  pur- 
poses of  said  department,  as  if  originally  ap- 
propriated therefor.  Absence  without  leave 
of  any  member  of'  the  uniformed  force  for 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK, 


55 


five  consecutive  days  shall  be  deemed  and 
held  to  be  a resignatioin,  and  the  member  so 
absent  shall  at  the  expiration  of  said  period 
cease  to  be  a member  of  said  force  and  may 
be  dismissed  therefrom  without  notice.  No 
leave  of  absence  exceeding  twenty  days  in 
any  one  year  shall  be  granted  or  allowed  to 
any  member  of  the  uniformed  force,  except 
upon  condition  that  such  member  shall  waive 
or  release  not  less  than  ooe-hailf  of  all 
salary,  pay  or  compensation  and  claim  there- 
to or  any  part  thereof  during  such  absence. 
The  said  commissioner  o^  street  cleaning  is 
hereby  authorized  and  empowered,  from  time 
to  time,  to  make,  adopt,  enforce  rules,  or- 
ders and  regulations  conformable  to  the  pro- 
visions of  this  act  for  the  government,  admin- 
istration, discipline  and  disposition  of  the 
said  department  and  of  the  members  thereof, 
and  to  prescribe  and  define  the  duties  of  each 
member.  When  and  as  soon  as  a member  of 
the  uniformed  force  has  been  fined,  suspen- 
ded, or  dismissed  the  true  cause  for  such  fine, 
suspensi'on  or  dismissal  shall  be  entered  in 
writing  in  a book  to  be  kept  for  that  purpose 
by  the  commissioner  of  street  cleaning,  which 
book  shall  be  a public  record.  A copy  of 
the  rules  and  regulations  or  of  any  or  eithM- 
of  them  of  the  said  commissioner  adopted 
by  him  may,  when  certified  by  him  or  by  his 
deputy  be  given  in  evidence  upon  any  trial. 
Investigation,  hearing  or  proceeding  m any 
court  or  before  any  tribunal,  commissioner 
or  commissioners,  board  or  competent  body, 
with  the  same  force  and  effect  as  the 
original. 

Members  of  department  not  liable  to 
military-  or  jury  duty. 

Sec.  538.  No  person  holding  any  office  or 
position  under  the  department  of  street  clean- 
ing shall  be  liable  to  military  or  jury  duty. 

Division  of  streets  into  districts;  al- 
lotment of  sweei»ers. 

Sec.  539.  All  the  paved  avenues,  streets, 
lanes,  alleys  and  places  in  said  city  which 
the  department  of  street  cleaning  is  by  this 
act  charged  with  the  duty  of  cleaning,  shall 
be  cleaned  and  kept  clean  by  hand  labor,  and 
for  that  purpose  each  sweeper  shall  provide 
himself  with  such  tools  and  implements  as 
the  commissioner  of  street  cleaning  shall 
prescribe,  and  to  each  sweeper  shall  be  al- 
lotted a fixed  area  of  street  surface  according 
to  the  character  of  the  locality,  of  which  al- 
lotment a record  shall  be  kept  in  the  depart- 
ment of  street  cleaning,  and  shall  be  a public 
lecord,  but  nothing  in  this  section  contained 
shall  be  deemed  to  prevent  the  commissioner 
of  street  cleaning  from  causing  the  labor  of 
the  sweepers  to  be  supplemented  by  the  use 
o-f  sweeping  machines  in  such  streets  and 
avenues  as  to  him  may  seem  proper.  It  shall 
be  the  duty  of  the  commissioner  of  street 
cleaning  to  divide  the  city  into  a suitable 
number  or  districts,  not  exceeding  21,  each 
of  which  shall  be  under  the  charge  and  super- 
vision of  a district  superintendent  who  shall 
be  directly  responsible  to  the  general  super- 
intendent, and  also  to  the  commissioner  of 
street  cleaning  for  the  cleanliness  of  his  dis- 
trict. Each  of  said  districts  shall  be  by  said 
commissioners  subdivided  into  sections  in 
charge  of  foremen  responsible  to  the  district 
superintendent,  as  well  as  to  the  general  su- 
perintendent and  to  the  commissioner  of  street 
cleaning  for  the  cleanliness  of  his  section.  It 
shall  be  the  duty  of  said  commissioner  of 
street  cleaning  to  make  such  allotment  and 
designation  of  the  area  to  be  covered  and  the 
duties  to  be  performed  by  the  uniformed 
force,  that  each  member  thereof,  except  the 
general  superintendent  and  his  assistant 
shall  have  one  particutar  district  or  section 
In  which  to  perform  all  the  work  to  which 


he  is  allotted.  But  nothing  herein  contained 
shall  be  so  construed  as  to  prevent  the  com- 
missioner of  street  cleaning  from  transfer- 
ring, at  his  discretion,  members  of  the  uni- 
formed force,  from  one  district  or  section  to 
another,  nor  from  temporarily  employing  all 
or  any  number  of  said  uniformed  force  in  a 
particular  street  or  streets,  section  or  sec- 
tions. 

Department  of  docks ; to  keep  wliarves, 

etc.,  clean. 

Sec.  540.  The  department  of  docks  shall 
have  power  and  authority,  and  it  is  hereby 
made  its  duty  to  cause  the  wharves,  piers, 
bulkheads,  heads  of  slips  and  portions  of  any 
streets  and  places  by  law  committed  to  the 
custody  and  control  of  said  department  of 
docks,  to  be  thoroughly  cleaned  and  kept 
clean  at  all  times,  and  to  remove  from  said 
wharves,  piers,  bulkheads,  heads  of  slips  and 
portions  of  streets  and  to  dispose  of  all  sweep- 
ings, ashes  and  garbage.  And  for  the  purpose 
of  disposing  of  the  sweepings  and  other  refuse 
removed  by  said  department  of  docks  the  said 
department  of  docks  shall  have  the  right  and 
is  hereby  authorized  to  use  concurrently  with 
the  said  department  of  street  cleaning  such 
dumping  boards,  slips  and  piers  as  may  be 
assigned  to  and  set  apart  for  the  use  of  said 
department  of  street  cleaning,  and  all  con- 
tracts made  by  the  commissioner  of  street 
cleaning  under  this  act  for  the  removal  of 
ashes  and  garbage  and  sweepings  shall  pro- 
vide for  the  removal  of  such  ashes,  garbage 
and  sweepings  as  may  be  required  to  be  re- 
moved by  said  department  of  docks. 

Commi-ssioiier  of  street  elesiiiiiifr;  pow- 
er to  olttoiii  plant,  stipplie.s,  etc. 

Sec.  541.  The  said  commissioner  of  street 
cleaning  shall  have  power,  and  it  shall  be 
his  duty,  to  purchase  or  hire  from  time  to 
time  for  his  use  as  such  commissioner,  at 
current  prices,  such  and  so  many  horses 
carts,  steam  tugs,  scows,  boats,  vessels,  ma- 
chines, tools  and  other  property  as  may  be 
required  for  the  economical  and  effectual  per- 
formance of  his  aforesaid  duty,  or  to  con- 
tract for  the  construction  of  any  such  tugs, 
scows,  boats,  vessels,  carts,  machines,  tools 
or  other  property:  or  for  the  sweeping  of 
streets  and  the  removal  of  street  sweepings 
by  machine  and  also  to  contract  for 
the  cremation,  utilization  or  burning  of 
street  sweepings,  refuse  and  garbage; 
or  for  the  melting  or  removal  of  snow 
upon  or  from  any  streets  or  avenues 
or  parts  thereof;  the  title  to  property  so  pur- 
chased or  constructed  shall  be  in  the  city 
of  New  York.  All  such  hiring,  or  purchases, 
or  contracts,  however,  exceeding  $1,000  in 
amount  at  any  one  hiring  or  purchase,  shall 
be  let  by  contract  to  the  lowest  bidder  there- 
for, founded  on  sealed  bids  or  proposals  made 
in  compliance  with  public  notice  advertised 
in  the  City  Becord;  such  notice  to  be  pub- 
lished at  least  ten  days  prior  to  the  opening 
of  such  proposals  or  bids.  Provided,  that 
nothing  herein  contained  shall  prevent  said 
commissioner,  vvhenever  it  shall  be  necessary, 
to  hire  such  boats,  steam  tugs,  scows,  vessels, 
machines,  tools  or  other  property  for  a day 
or  trip,  and  tor  successive  days  or  trips,  with- 
out advertising  or  contract  founded  on  seal- 
ed proposals  or  bids,  at  compensation  by  the 
day  or  trip,  notwithstanding  the  aggregate 
compensation  for  such  successive  days  or 
trips  may  exceed  said  sum  of  $1,000.  The 
said  commissioner  is  hereby  authorized,  when- 
ever and  as  often  as,  in  his  opinion,  the  pub- 
lic interests  shall  require,  to  reject  all  bids 
or  proposals  received  in  answer  to  any  such 
advertisement,  and  to  re-advertise  for  bids 
and  proposals  as  hereinafter  provided.  When- 
ever the  said  commissioner  shall  deem  it 


necessary,  he  shall  and  is  hereby  authorized 
to  sell,  at  public  auction,  any  plant,  material, 
horses,  carts,  scows  or  other  property,  used 
in  any  v/ay  in  connection  with  the  work  of 
cleaning  streets,  but  before  any  such  sale 
shall  be  made  a notice  thereof  stating  the 
time  and  place  of  sale  shall  be  published  in 
the  City  Record  and  the  corporation  news- 
papers for  at  least  ten  days  immediately  pre- 
ceding such  sale,  and  the  proceeds  arising 
from  such  sale,  after  deducting  the  neces- 
sary expenses  thereof,  shall  be  paid  into  the 
city  treasury  to  the  credit  of  the  general 
fund  for  the  reduction  of  taxation.  The  said 
commissioner  is  hereby  authorized,  with  the 
consent  and  approval  of  the  board  of  sink- 
ing fund  commissioners,  to  hire  or  lease 
suitable  and  sufficient  offices  for  the  trans- 
action of  the  business  under  his  charge,  and 
also  such  stables  and  other  buildings  or  parts 
of  buildings  or  plots  of  ground  as 
may,  from  time  to  time,  he  necessary. 
All  carts  used  by  .said  department  of 
street  cleaning  shall  be  of  such  size, 
form  and  construction  as  to  prevent  escape 
during  transit  of  dust,  or  of  any  refuse  car- 
ried therein. 

Piers,  docks,  slips,  etc,,  for  use  of  de- 
partment. 

Sec.  542.  The  department,  bureau  or  city  of- 
ficer, authority  or  authorities,  which  shall 
from  time  to  time  have  the  managament  and 
control  of  the  public  docks,  piers  and  slips 
of  the  city,  shall  designate  and  set  apart  for 
the  use  of  said  commissioner  suitable  and  suf- 
ficient slips,  piers  and  berths  in  slips,  located 
as  the  said  commissioner  may  require,  and 
such  as  shall  be  convenient  and  necessary 
for  his  use  in  executing  the  duty  hereby  im- 
posed upon  him,  excepting  slips,  docks  and 
piers  on  the  East  river  set  apart  for  the  use  of 
canal  boats.  The  said  commissioner  may, 
with  the  approval,  in  writing,  of  the  board  of 
estimate  and  apportionment,  lease  piers,  slips 
or  wharves  for  the  necessary  purposes  of  the 
duties  by  this  chapter  conferred  whenever 
suitable  piers,  slips  or  wharves  owned  by  or 
under  the  control  of  the  city  cannot  be  obtain- 
ed or  are  not  set  apart  and  designated  as  la 
this  section  provided. 

Uniform,  badges,  etc.,  of  uniformed 

force. 

Sec.  543.  The  commissioner  of  street  clean- 
ing is  hereby  authorized  and  directed,  from 
time  to  time,  to  prescribe  distinctive  uni- 
forms, badges  and  Insignia  to  be  worn  and 
displayed  by  the  several  members  of  the 
uniformed  force  of  said  department  and  to 
prescribe  and  enforce  penalties  for  the  failure 
to  wear  and  exhibit  the  same  by  any  member 
of  said  force  while  engaged  in  the  work  of  tha 
department. 

Special  eoiitraets  for  disposition  of 

sweeiiing'.s,  asiies,  garbage,  etc. 

Sec.  544.  Said  commissioner  shall  have  pow- 
er CO  enter  into  contracts  with  responsible 
persons  and  parties  for  the  final  disposition, 
for  periods  not  exceeding  five  years,  of  all 
or  any  part  of  the  said  street  sweepings, 
ashes,  or  garbage,  and  such  other  light  refuse 
or  rubbish  when  collected;  provided  always 
that  such  contract  shall  be  approved  bo'di  as 
to  terms  and  conditions  by  the  board  o'f  esti- 
mate and  apportionment.  All  contracts  shall 
be  entered  into  on  behalf  of  the  city  hy  the 
commissioner  with  adequate  security.  He 
shall  advertise  for  proposals  in  such  newspa- 
pers in  the  city  as  he -may  designate,  not  ex- 
ceeding three  in  number,  for  ten  days,  to 
perform  the  work  in  such  form  and  manner 
and  on  such  terms  and  conditions  as  he  may 
prescribe.  Such  proposals  may  be  for  the 
performance  of  all  or  such  part  or  portion  of 
the  work  as  he  shall  require.  Each  projpoeai 


56 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


must  be  accompanied  by  a certified  check  on 
a solvent  banking  corporation  in  the  city, 
payable  to  the  order  of  the  controilier  for  5 per 
cent,  of  the  amoumt  for  which  the  work  bid 
for  is  proposed  in  any  one  year  to  be  per- 
formed. Prom  the  proposals  so  received  he 
may  saleo'.,  the  bid  or  bide,  the  acceptance  of 
which  will,  in  his  judgment,  best  secure  the 
efficient  performance  of  the  work,  or  he  may 
reject  any  or  all  of  said  bids.  On  the  ac- 
ceptance of  any  hid  by  him,  the  checks  of  the 
unaccepted  bidders  shall  be  returned  to  them, 
and  upon  the  execution  of  the  contract  the 
check  of  the  accepted  bidder  shall  be  returned 
to  him.  The  surety  or  sureties  upon  all  con- 
tracts hereby  authorized  shall  be  approved  by 
the  controller,  and  all  contracts  and  bonds  se- 
curing the  same  shall  bo  approved  as  to  form 
by  the  counsel  to  the  corporation. 

Proceeding's  for  removal  of  truclis, 
ete.,  from  streets,  regulated. 

Sec.  545.  It  shall  be  the  duty  of  the  com- 
missJoner  of  street  cleaning  to  remove,  or 
cause  to  he  removed,  all  unharnessed  trucks, 
carts,  ■n'-agons  and  vehicles  of  any  description, 
found  in  any  public  street  or  place; 
and  also  all  boxes,  barrels,  bales  of 
merchandise  and  other  movable  property 
found  upon  any  public  street,  or  place,  not 
including,  however,  any  portion  of  marginal 
otreet,  or  place,  or  wharf,  which,  by  the  pro- 
vision of  any  law  or  sitatute,  is  committed  to 
Che  custody  and  control  of  the  department 
of  docks.  The  said  commissioner  of 
street  cleaning  is  hereby  authorized,  with  the 
consent  and  approval  of  the  board  of  sinking 
fund  commissioners,  to  lease  a ssitable  yard 
or  yards  to  which  the  trucks,  carts,  wagons 
and  vehicles,  boxes,  bales,  barrels  and  other 
things,  removed  under  the  authority  of  this 
section,  shall  be  taken,  and  the  said  commis- 
sioner shall,  from  to  time,  as  often  as 
he  shall  deem  necessary,  sell,  or  cause  to  be 
sold,  as  hereinafter  provided  at  public  auc- 
tion, at  such  yard  or  yards,  the  said  trucks, 
carts,  wagons,  vehicles,  boxes,  barrels,  and 
other  things  so  removed.  Whenever  the  said 
commissioner  or  deputy  commissioner  shall 
have  removed  or  caused  to  be  removed  any 
such  trucks,  carts,  wagons,  vehicles,  boxes, 
barrels,  hales  or  other  things,  and  shall  deem 
it  necessary  to  sell  them,  and  before  making 
the  sale  thereof,  he  shall  file  with  a justice 
of  a municipal  court  of  the  city  of  New  York, 
a written  petition,  verified  by  oath,  setting 
forth  the  facts  which  bring  the  case  witnin 
this  section,  together  with  a brief  description 
of  each  of  the  trucks,  oarts,  wagons,  vehi- 
cles, boxes,  barrels  or  other  things  so  re- 
moved in  his  custody  and  possession  as  street 
cleaning  commissioner  at  the  time  of  filing 
such  petition,  stating  either  the  name  of  the 
owner  or  that  his  name  is  not  known  to  the 
said  petitioners,  and  cannot  be  ascertained 
with  reaso'nable  diligence,  and  praying  for  a 
final  order,  directing  the  sale  of  the  property 
so  seized  and  removed,  and  the  application 
of  the  proceeds  thereof  as  herein  prescribed; 
and  upon  the  presentation  of  said  petition 
the  justice  must  issue  a precept  under  his 
hand,  directed  to  the  persons  whose  names 
appear  in  the  said  petition  as  owners,  it 
stated  in  the  petition,  or  if  not  stated, 
■directed  generally  to  all  persons  having  any 
interest  in  the  property  so  seized  and  re- 
moved, and  briefly  reciting  in  substance  the 
other  facts  stated  in  the  petition,  and  re- 
quiring the  person  or  persons  to  whom  the 
precept  is  directed  to  show  cause  before  a 
justice  at  a time  and  place  specified  therein, 
not  less  than  ten  nor  more  than  twenty  days 
after  the  issuing  of  the  precept,  why  the 
prayer  of  the  petition  should  not  be  granted. 
The  said  precept  shall  be  .served  by  posting  a 
copy  thereof  in  at  least  two  public  and  con- 


spicuous places  in  said  city,  one  of  which 
.shall  he  the  office  of  the  said  commissioner  of 
street  Cleaning,  and  the  second  of  i\’hich  shall 
be  the  yard  to  which  the  property  shall  have 
been  removed,  and  a copy  of  which  precept 
shall  be  so  posted  within  three  days  after  the 
precept  shall  have  been  issued;  and  a orief 
abstract  of  said  precept  shall  be  published  in 
the  City  Record  and  corporation  newspapers 
within  five  days  after  the  issue,  and  not  later 
than  three  days  before  the  return  day  men- 
tioned in  the  precept.  At  the  time  and  place 
when  the  precept  is  returnable  the  said  com- 
missioner or  deputy  commissioner  must  fur- 
nish proof  of  the  service  of  said  precept 
as  herein  prescribed,  and  any  person  named  in 
the  petition  ajid  precept  or  otherwise,  hav- 
ing an  interest  in  the  property  seized,  may 
appear  on  the  return  day  of  the  paid  precept 
and  make  himself  a party  to  the  proceeding 
by  filing  a written  answer,  subscribed  by  him 
or  his  attorney,  and  verified  by  the  oath  of 
the  person  subscribing  it,  denying  absolutely, 
or  upon  information  and  belief,  one  or  more 
material  allegations  in  the  petition,  and  set- 
ting forth  his  interest  in  the  property  seized. 
The  subsequent  proceedings  before  the  justice 
shall  be  the  same  as  in  an  action  in  the  mu- 
nicipal court  where  an  issue  of  fact  has  been 
joined,  and  if  the  decision  of  the  justice  is 
in  favor  of  the  petitioner,  the  justice  must 
make  a final  order,  the  same  as  though  no 
appearance  or  trial  were  had,  except  to  recite 
the  appearance  and  trial  before  him.  If  no 
person  appears  and  answers  the  justice  shall 
make  a final  order,  directed  to  the  commis- 
sioner of  street  cleaning,  commanding  him  to 
sell,  at  public  auction,  all  of  the  property 
seized  and  described  in  the  petition,  at  the 
yard  to  which  said  property  was  removed, 
for  the  best  price  which  he  can  obtain  there-, 
for.  Before  making  any  such  sale  the  said 
commissioner  or  deputy  commissioner  shall 
give  public  notice  in  the  City  Record,  and 
corporation  papers,  as  by  this  act  pre- 
scribed, not  later  than  three  days  before 
the  day  of  such  sale,  and  such  notice  of  sale 
shall  specify  the  time  and  place  of  such  sale, 
and  shall  contain  a general  description  of  the 
property  to  be  sold,  but  no  particular  de- 
scription of  any  article  shall  be  contained 
therein. 

The  sale  shall  be  made  at  the  time  and 
place  specified  in  said  notice  of  sale  by  the 
commissioner  or  deputy  commissioner,  or  by 
an  auctioneer  designated  for  such  sale  by 
said  commissioner.  Immediately  after  such 
sale  the  commissioner  of  street  cleaning  shall 
pay  to  the  controller  the  proceeds  of  such 
condemnation  and  sale,  and  shall,  at  the  same 
time,  transmit  to  the  controller  an  itemized 
statement  of  the  articles  sold,  with  the  price 
received  for  each  article  and  a certificate  of 
the  costs  and  expenses  incurred  by  the  said 
commissioner  in  making  such  condemnation 
and  sales.  The  controller  shall  credit  and  add 
to  the  appropriation  for  the  department  of 
street  cleaning  from  the  proceeds  of  such 
sale  the  amount  of  said  costs  and  expenses 
of  such  condemnation  and  sales,  as  herein- 
before provided,  and,  in  addition  thereto,  such 
an  amount  for  each  incumbrance  seized  or 
taken,  condemned  and  sold  as  hereinbefore 
■provided,  not  to  exceed  ten.  dollars,  as  may  be 
estimated  and  fixed  by  the  commissioner  of 
street  cleaning  as  necessary  , to  pay  the  cost 
of  seizing,  removing  and  keeping  or  storing 
such  incumbrances;  and  the  remainder  of  the 
moneys  realized  from  such  sale  shall  be  paid, 
without  interest,  to  the  lawful  owners  of  the 
several  articles  sold.  Any  payment  to  a per- 
son apparently  entitled  thereto,  under  the 
provisions  of  this  section,  shall  be  a good  de- 
fense to  the  city  against  any  other  person 
claiming  to  be  entitled  to  such  payment,  but  I 


if  the  person  to  whom  such  payment  is  made 
is  not  in  fact  entitled  thereto,  it  shall  be  law- 
ful for  the  person  or  persons  to  whom  the 
same  ought  to  have  been  paid  to  recover  the 
same  with  interest  and  costs  "of  suit  as  so 
much  money  had  and  received  to  his,  her  or 
their  use  by  the  person  or  persons  to  ■ft’hom 
the  same  shall  have  been  paid.  The  owner 
of  any  truck,  cart,  wagon,  vehicle,  box,  bar- 
rel, bale  or  other  thing  removed  from  any 
public  street  or  place  under  the  provisions 
of  this  section,  may  redeem  his  property  at 
any  time  after  its  removal  upon  payment  to 
the  commissioner  of  street  cleaning  of  such 
sum  as  he  may  fix,  not  to  exceed  ten  dollars 
for  each  article  redeemed.  The  sum  thus 
paid  shall  be  immediately  transmitted  to  the 
controller,  and  by  him  added  and  credited 
to  the  appropriation  for  the  department  of 
street  cleaning,  under  the  provisions  of  this 
act,  and  may  be  used  by  the  commissioner 
for  any  of  the  purposes  of  said  department, 
as  if  originally  included  in  the  appropriation 
thereof,  by  the  board  of  estimate  and  appor- 
tionment. Nothing  in  this  section  contained 
shall  be  deemed  to  authorize  the  summary 
removal  of  materials  for  any  public  work  or 
improvement  in  course  of  construction. 

Ijimitatioii  of  amoiiiit  of  expense  for 
street  clcanius;  Ijonds  to  be  issued 
by  controller  for  purebase  of  plant. 

Sec.  546.  In  no  case,  except  as  in  this 
section  provided,  shall  the  amount  expended 
by  the  commissioner  of  street  cleaning  exceed 
the  amount  appropriated  for  the  said  depart- 
ment by  the  board  of  estimate  and  apportion- 
ment and  tile  municipal  assembly,  but,  for  the 
more  effectual  carrying  out  of  the  provisions 
of  this  act,  the  said  commissioner  of  street 
cleaning  may,  with  the  approval  of  the  board 
of  public  improvements  and  of  the  board  of 
estimate  and  apportionment,  purchase  or  con- 
struct stock  or  plant,  including  bouses,  dump- 
ing boards  or  places  or  buildings  or  structures 
necessary  for  any  purpose  pertaining  to  the 
business  of  the  department,  of  durable  char- 
acter Intended  to  be  used  for  a term  of  years, 
to  be  paid  for  by  the  issue  and  sale  of  bonds, 
and  the  controller  shall  issue  such  bonds  as 
may  be  necessary  for  such  purpose.  Such 
bonds  shall  be  of  such  amount  and  to  run  for 
such  term  as  may  be  determined  by  said  con- 
troller, by  and  with  the  authority  of  the  mu- 
nicipal assembly,  not  less  than  ten, 
nor  more  than  fifty  years,  and  shall 
bear  interest  not  exceeding  4 per  cent, 
per  annum  and  shall  not  be  sold  at  less 
than  the  par  value  thereof.  If  the  necessary 
cost  of  removing  snow  or  ice  from  the  streets 
and  avenues  shall,  in  any  one  year,  exceed 
the  amount  appropriated  therefor,  the  hoard 
of  estimate  and  apportio.nment  may  authorize 
such  additional  expenditure  as  may  be  re- 
quired for  the  removal  of  such  snow  or  Ice 
to  be  paid  out  of  any  unexpended  balance  of 
the  appropriation  made  for  the  purposes  of 
said  department;  and  the  controller  shall  raise 
the  amount  of  such  additional  expenditure  by 
the  issue  and  sale  of  revenue  bonds,  and  shall 
place  the  amount  so  raised  to  the  credit  of  the 
department  of  street  cleaning,  to  supply  the 
amount  of  the  deficiency  occasioned  by  such 
additional  expenditure. 

Devolution  o£  poivers  of  formex’  boards 

Sec.  547.  All  the  powers  and  duties  con- 
ferred upon  the  corporation  heretofore  known 
as  the  mayor,  aldermen  and  commonalty  of 
the  city  of  New  York,  or  upon  any  board  or 
officer  thereof,  or  upon  the  corporation  known 
as  the  City  of  Brooklyn,  or  upon  any  board  or 
officer  thereof,  or  upon  the  corporation  known 
as  Long  Island  City,  or  upon  any  board  or 
officer  thereof,  and  upon  any  other  municipal 
corporation,  town  or  village,  within  the  coudtj 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


of  Richmond  or  within  so  much  of  the  terri- 
tory of  the  county  of  Queens  as  is  by  this  act 
annexed  to  the  municipal  corporation  known 
as  the  mayor,  aldermen  and  commonalty  of 
the  city  of  New  York,  and  consolidated  into 
the  municipality  known  as'  the  city  of  New 
York,  relating  in  any  way  to  the  sweeping  and 
cleaning  of  the  streets,  avenues,  highways, 
boulevards,  squares,  lanes,  alleys  and  other 
public  places  of  the  city,  and  of  the  removal, 
or  other  disposition  as  often  as  the  public 
health  and  the  use  of  the  streets  may  require, 
of  ashes,  street  sweepings,  garbage  and  other 
light  refuse  and  rubbish,  and  o?  the  removal 
of  snow  and  ice  from  leading  thorough- 
fares and  from  such  other  streets  as  may  be 
found  practicable;  of  the  removal  of  encum- 
brances; of  the  issue  of  permits  to  builders 
and  others  to  use  the  streets,  avenues,  high- 
ways, boulevards,  squares  and  public  places, 
but  not  to  open  them;  of  the  framing  of  regu- 
lations controlling  the  use  of  sidewalks  and 
gutters  by  abutting  owners  and  occupants  for 
the  disposition  of  sweepings,  refuse,  garbage 
or  light  rubbish,  are  hereby  vested  in  the  city 
of  New  York,  and  as  matters  of  administra- 
tion devolved  upon  the  commissioner  of  street 
cleaning  of  said  city,  to  be  by  him  executed 
pursuant  to  the  powers,  provisions  and  limita- 
tions of  this  act. 

TITLE  7. 

DEPARTMENT  OF  SEWERS. 
Commissioner  of  sewers;  appointment; 

salary.  I 

Sec.  555.  The  head  ot  tne  department  of  sew- 
ers shall  be  called  the  commissioner  of  sew- 
ers. He  shall  be  appointed  by  the  mayor  and 
hold  office  as  provided  in  chapter  IV  of  this  i 
act.  His  salary  shall  be  57,500  a year. 

Id.;  jnrisdiotion  and  dnties. 

Sec.  556.  The  commissioner  o'  sewers  shall 
have  cognizance  and  control  of  all  subjects 
relating  to  the  public  sewers  and  drainage  of 
the  city,  and  sha’l  initiate  the  making  of  ^11 
plans  for  the  drainage  of  the  city,  except  as 
otherwise  specifically  provided  in  title  2 of 
this  chapter.  He  shall  have  charge  of 
the  construction  of  all  sewers  in  accordance 
with  said  plans.  He  shall  prepare  and  execute 
all  contracts  and  specifications  relating  to  the 
sewers  for  submission  to  the  board  of  public 
improvements,  and  shall  supervise  all  work 
done  under  such  contracts.  He  shall  have 
In  charge  the  management,  care  and  mainte- 
nance of  the  sewer  and  dnainaga  system  ot 
the  city  and  the  licensing  of  all  cisterns  and 
cesspools. 

Id.;  overflow  sewers ; where  discharged 

Sec.  557.  Any  overflow  sewers  which  may 
be  deemed  necessary  for  the  relief  of  any 
main  sew’ers  now  constructed  or  which  may 
hereafter  be  constructed  in  said  city,  may 
be  discharged  into  the  waters  adjacent  to  said 
city,  or  into  the  Gowanus  canal,  or  any  other 
tanal  or  inlet  in  said  city,  at  such  points 
as  in  his  Judgment  may  be  most  convenient. 

Canals  to  be  kept  free  from  ohstrue- 

tions. 

Sec.  558.  It  shall  be  the  duty  of  the  city  of 
New  York  to  keep  any  canal  free  from  any 
obstructions  that  may  be  occasioned  by  the 
reason  of  the  emptying  of  said  overflow  sew- 
ers into  It,  and  for  that  purpose  the  depart- 
ment of  sewers  of  said  city  is  authorized  and 
directed  to  dredge  the  same  from  time  to 
time. 

Commissioner;  power  to  construct 

temporary  sewers;  expenses  of  same. 

Sec.  55?.  Whenever  it  shall  become  neces- 
sary to  construct  a sewer  or  drain  for  the 
purpose  of  preventing  damage  to  property  or 
to  abate  a nuisance,  and  it  shall  become  im- 


practicable to  proceed  immediately  to  the 
construction  of  the  same  in  accordance  with 
any  plan  already  adopted,  pursuant  to  title 
2 of  this  chapter,  on  the  approval  of  the  board 
of  public  improvements,  the  said  commission- 
er snail  have  power  to  construct  a temporary 
sewer  or  drain  'in  such  manner  as  to  avoid 
such  damage  or  to  abate  such  nuisance,  and 
the  cost  of  such  temporary  sewer  or  drain 
shall  be  assessed  upon  the  property  draining 
into  the  same  and  benefited  thereby.  And 
such  assessments  shall  be  enforced,  levied  and 
collected  in  the  manner  provided  in  chapter 
XVII  of  this  act. 

Permits  for  construction  of  private 

sewers;  procedure;  becomes  propex’ty 

of  city  when  itaSd  for  by,  etc. 

Sec.  560.  A permit  for  the  construction  of 
sewers  in  the  streets  of  said  city  by  pri- 
vate property  owners  shall  only  be  granted 
upon  the  parties  proposing  to  construct  such 
sewer  first  filing  with  the  commissioner  of 
sewers,  plans  and  specifications  of  such  pro- 
posed sewer,  conforming  to  the  general  plan 
for  the  cou=truction  of  public  sewers  in  said 
city,  on  file  in  the  office  of  the  board  of  pub- 
lic improvements  and  a duplicate  copy  of  the 
contract  for  the  construction  of  such  sewer, 
showing  the  cost  of  the  construction  thereof, 
together  with  a satisfactory  guarantee  to  said 
commissioner  for  the  payment  of  the  neces- 
sary expense  of  the  said  department  of  sew- 
ers, in  the  supervision  of  the  construction 
of  said  sewer.  And  upon  approval  of  such 
plans,  specifications  and  contracts,  by  the 
commissioner  ot  sewers  and  the  board  of  pub- 
lic improvements  the  said  commissioner  shall 
issue  his  permit  for  the  construction  of  such 
proposed  sewer  and  shall  forthwith  request 
the  board  of  assessors  to  apportion  the  cost 
of  the  construction  of  said  sewer  according 
to  actual  benefit  between  the  several  parcels 
of  property  abutting  on  each  side  of  that  part 
of  the  street  through  which  said  sewer 
shall  be  constructed.  The  said  board 
of  assessors  shall  as  soon  as  practi- 
cable report  such  apportionment  of  such 
cost  to  the  said  commissioner  ot  sewers.  Said 
commissioner  shall  grant  permits  for  con- 
nection with  said  sewer,  to  be  constructed  as 
aforesaid,  only  to  such  owners  or  occupants  of 
the  property  abutting  on  that  part  of  such 
street  through  which  said  sewer  shall  be 
constructed  as  shall  produce  to  said  commis- 
sioner of  sewers  satisfactory  proof  of  the  pay- 
ment by  him  or  them  to  the  parties  who  con- 
structed and  paid  for  such  sewer,  of  the 
amount  of  the  proportionate  part  of  the  cost 
of  the  construction  of  said  sewer  appor- 
tioned as  aforesaid  to  the  property  sought 
to  be  connected  with  said  sewer,  and  no  per- 
mit shall  be  issued  for,  nor  shall  any  con- 
nection be  allowed  with  said  sewer,  nor  with 
any  sewer  heretofore  constructed  hy  the  own- 
ers of  the  abutting  property  by  private  con- 
tract from  any  abutting  property  until  the 
proportionate  part  of  the  expense  of  the  con- 
struction of  such  sewer  shall  have  been  paid 
to  the  parties  entitled  thereto  by  the  own- 
ers of  such  abutting  property,  and  satisfactory 
proof  thereof  made  to  said  commissioner  of 
sewers. 

And  when  constructed,  except  for  tfae  pur- 
pose of  supervision,  maincenance  and  use  by 
the  city  of  New  York  in  connee'eion  with  Its 
public  sewer  system,  said  sewer  shall  be 
deemed  the  private  property  of  the  persons 
who  shall  have  paid  for  its  construction  until 
tile  owners  of  all  the  property  abutting  on 
tliat  part  of  the  street  or  avenue  in  which  said 
sewer  shall  be  laid,  shall  have  paid  their  sev- 
eral shares  of  the  cost  of  the  construction  of 
said  sewer,  but  wtien  the  same  shall  have  been 
fully  paid  for  by  all  tbe  owners  of  abutting 
property,  then  the  same  shall  be  the  property 


BT 

lOiirt"'. -- 

of  the  city  of  New  York,  and  deetaed  to  have 
been  fully  dedicated,  to  said  city. 

Id.;  power  to  acquire  lands  for  sewers. 

Sec.  561.  The  city  of  New  York  is  authcr- 
ized  to  acquire  title  for  the  use  of  iftie  public 
to  all  or  any  of  the  lands  and  premises  re- 
quired for  sewers  or  to  easements  therein  for 
that  purpose,  whetherr  the  same  be  above  or 
below  high  water  mark  or  ■onder  water. 

The  beard  of  public  improvements,  at  the  re- 
quest of  tbe  commissioner  of  sewera,  is  au- 
thorized to  direct  the  same  to  be  done. 

It  sball  be  the  duty  of  the  corporation  coun- 
sel, when  requested  In  writing  by  the  board  ol 
public  improvements.  Immediately  to  Insti- 
tute a proceeding  to  acquire  title  for  she  use 
of  the  public  to  the  lands  and  premises  or 
easements  ttjeirein-,  required  for  the  building 
of  sewers  or  drains,  in  the  same  m-aniner  that 
is  provided  by  this  act  for  tbe  acquisition,  ot 
lands  for  the  purpose  pf  opening  streets.’ 

Tbe  expenses  incurred  in  tbe  acquisition  ol 
such  lands  and  premises,  with  the  buildings 
and  improvements  tbereon,  so  fer  as  the  same 
shall  be  taken  in  sucb  a proceeding,  shall  be 
assessed  in  accordance  with  the  provisions  of 
this  act  relating  to  the  opening  of  streets  upon 
all  the  property  deemed  by  the  commissioners 
of  estimate  and  assessment  appointed  in  such 
proceeding  to  be  benefited  by  tbe  acquisition 
of  such  lands  for  sucb  purpose,  and  upon  the 
owners  thereof  or  persons  interested  therein. 

Proposals  and  contracts  for  sewerage 
work. 

Sec.  662.  The  commissioner  of  sewers,  upon 
the  completion  of  the  plan  of  sewerage  of 
any  district,  upon  the  filing  of  copies  thereof, 
as  required  by  title  2 of  this  chapter,  or  as 
soon  thereafter  as  may  be  deemed  convenient 
and  necessary,  shall,  with  the  approval  of  the 
board  of  public  improvements,  cause  printed 
specifications  to  be  made  in  accordance  with 
said  plan  of  the  work  proposed  to  be  done  in 
said  district,  and  shall  thereupon  invite  pro- 
posals in  the  manner  now  required  by  law, 
and  shall  contract  for  the  whole  or  any  part 
of  the  woik  in  said  district. 

Commissioner  authorized  to  purchase 
supplies. 

Sec.  56.2.  In  order  to  provide  for  the  more 
effectuaJ  and  economical  construction  of 
sewers,  the  commissioner  of  sewers,  with  the 
approval  o^f  thb  board  of  public  improvements, 
may  contract  In  pursuance  of  law  for  such 
materials  used  in  the  construction  of  sewera 
and  in  such  quantities  as  he  may  deem  proper, 
and  it  shall  be  the  duty  of  tbe  controller,  out 
of  the  appropriate  fund  or  from  the  proceeds 
of  assessment  bonds  authorized  to  be  issued, 
upon  the  requisition  of  said  commissioner,  to 
pay  for  such  materials,  and  tbe  expenses  for 
engineers,  surveyors,  inspectors  or  other  per- 
sons employed  by  authority  of  said  commis- 
sioner in  the  construction  of  sewers. 
Peualty  for  iujuvy  to  sewers. 

Sec.  564.  All  provisions  of  law  creating  civil 
and  criminal  liabilities  from  wrongs  and  in- 
juries done  to  tbe  water  works  of  the  city 
of  New  York  and  providing  remedies  for  the 
redress  thereof,  and  the  prosecution  and 
punishment  of  person®  committing  the  same, 
shall  apply  in  like  manner  and  extent  to 
wrongs  and  injuries  done  to  sewers  in  che 
said  city. 

Devolution  of  powers  of  the  commis- 
sioner of  street  improvements  in  the 
23d  and  24th  wards. 

Sec.  565.  All  the  powers,  privileges  and  du- 
ties of  the  commissioner  of  street  improve- 
ments in  the  Twenty-third  and  Twenty-fourth 
wards  of  the  city  of  New  York,  as  heretofore 
constituted,  which  in  any  way  relate  to  th« 
public  sewers  and  drainage  of  the  said  Twent|> 


68 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


third  and  Twenty-fourth  wards,  and  to  the 
construction,  repair  and  cleansing  of  sewers 
and  underground  drains,  and  of  the  licensing  of 
the  cisterns  and  cesspools  therein,  and  of  all 
matters  in  any  way  relating  to  the  construc- 
tion, maintenance  and  care  of  the  sewer  sys- 
tem and  drainage  of  said  wards,  are  hereby 
vested  in  the  city  of  New  York,  as  here- 
by constituted,  and  as  matter  of  ad- 
ministration devolved  upon  the  commis- 
sioner of  sewers  of  the  city  of  New  York  to 
be  by  him  executed  in  accordance  with  the 
provisions,  directions  and  limitations  of  this 
act. 

Devolution  of  powers  of  former  boards 

Sec.  566.  All  powers  and  duties  heretofore 
cO’Uf erred  upon  the  city  of  New  York  as  here- 
tofore known  and  bounded,  or  any  of  the  of- 
ficers thereof,  or  upon  the  city  of  Brooklyn, 
or  any  of  the  officers  thereof,  or  upon  Long 
Island  City,  or  any  of  the  officers  thereof, 
or  upon  any  board  of  public  officers  acting 
within  any  of  }.he  territory  of  the  county  of 
Richmond,  o'-  within  that  part  of  the  territory 
of  the  county  of  Queens,  hereby  annexed  by 
this  act  to  the  corporation  known  as  the  may- 
or, aldermen  and  commonalty  of  the  city  of 
New  York,  and  by  this  act  consolidated  into 
one  municipal  corporation,  which  in  any  way 
relate  to  the  public  sewers  and  drainage  of 
the  said  cities,  municipal  corporations,  towns 
or  territory,  and  to  the  construction,  repair 
and  cleansing  of  sewers  and  underground 
drains  and  of  the  licensing  of  cisterns  and 
cesspools  therein  and  to  all  matters  in  any  way 
concerning  the  construction  and  care  of  the 
sewer  system  and  drainage  thereof,  so  far  as 
such  powers  and  duties  are  consistent  with 
and  conformable  to  the  provisions  of  this 
act,  are  hereby  vested  In  the  city  of  New 
York,  and  as  matter  of  administration  de- 
volved upon  the  commissioner  of  sewers  of 
the  city  of  New  York,  to  be  by  him  executed 
In  accordance  with  the  provisions,  directions 
and  limitations  of  this  act. 

Sec.  567.  Construction  of  lateral  sewers  on 
behalf  of  private  owners. — Whenever  a ma- 
jority in  amount,  according  to  the  last  pre- 
ceding assessment,  of  the  owners  of  land 
comprising  at  least  thirty  acres  in  one  body, 
shall  petition  for  leave  to  construct  and  con- 
nect lateral  sewers  in  and  upon  the  land  in 
question,  the  commissioner  of  sewers  shall, 
unless  the  same  has  already  been  done,  pre- 
pare plans  and  specifications  of  such  proposed 
sewers  conforming  to  the  general  plan  for  the 
construction  of  public  sewers  in  said  city.  One 
copy  of  said  plans  and  specifications  shall  be 
filed  in  the  office  of  the  board  of  public  im- 
provements, and  a duplicate  copy  in  the  office 
of  the  commissioner  of  sewers.  The  commis- 
sioner of  sewers  may  require  a guaranty 
satisfactory  to  himself  for  the  payment  of  the 
necessary  expense  of  the  department  of  sew- 
ers in  the  preparation  of  such  plans  and  speci- 
fications. Upon  the  approval  of  such  plans 
and  specifications  by  the  commissioner  of 
sewers  and  the  board  of  public  improvements, 
the  commissioner  of  sewers  shall,  at  the  re- 
quest of  the  petitioners,  cause  bids  to  be  ad- 
vertised according  to  law  for  the  building  of 
any  portion  of  said  sewers  to  be  named  by 
said  petitioners,  but  not  less  than  $10,000  in 
amount  (or  one  mile  in  length).  Upon  the 
opening  of  said  bids  the  commissioner  of  sew- 
ers may  award  the  said  contract,  as  provided 
by  law,  but  conditional  upon  the  deposit  of 
the  amount  thereof  by  or  on  behalf  of  the 
petitlonars  as  hereinafter  provided.  There- 
upon the  commissioners  of  sewers  shall  noti- 
fy in  writing  said  petitioners  and  the  control- 
ler of  such  award  and  the  amount  that  will 
be  required  thereunder  to  construct  and  build 
Uie  said  sewers.  Within  thirty  days  there- 


after the  said  petitioners  shall  pay  or  cause 
to  be  paid  to  the  controller  of  the  city  of  New 
York  a sum  equal  to  the  amount  necessary  to 
construct  and  build  the  said  sewers  covered 
by  said  contract.  If  the  petitioners  shall  not 
pay  such  money  to  the  controller  within  the 
time  aforesaid,  then  all  proceedings  hereun- 
der shall  be  null  and  void,  and  after  deducting 
from  the  money  already  deposited  by  or  on 
behalf  of  the  petitioners,  or  secured  by  them 
to  be  paid,  the  amount  of  all  expenses  in  con- 
nection with  said  proposed  sewers,  the  con- 
troller shall  return  the  balance  of  said  money, 
if  any,  to  the  petitioners  or  their,  assigns.  If 
the  petitioners  shall  deposit  the  money  for 
the  purpose  of  carrying  out  said  contract, 
as  above  provided,  the  commissioner  of  sew- 
ers shall  duly  award  said  contract  to  the  bid- 
der entitled  thereto,  and  shall  proceed  to  the 
construction  and  completion  of  said  sewers, 
When  the  said  sewers  shall  have  been  com- 
pleted, the  commissioner  of  sewers  shall  de- 
liver to  and  file  with  the  controller  and  also 
with  the  board  of  assessors  of  said  city  a cer- 
tificate setting  forth  the  amount  of  the  entire 
cost  of  such  portion  of  said  sewers,  including 
the  interest  accrued  on  skid  deposit  to  the 
date  of  said  certificate,  together  with  a map 
and  statement  showing  the  location  and  gen- 
eral character  of  the  sewer.  Thereupon  said 
board  of  assessors  shall  apportion  and  assess 
the  cost  of  said  sewers  and  the  other  ex- 
penses arising  under  this  act  upon  the  lands 
and  premises  affected  thereby  in  pro- 
portion to  the  amount  of  benefit  derived  by 
each  of  said  lots  without  regard  to  the  assess- 
ed valuation  thereof,  as  in  their  judgment 
shall  be  just,  and  shall  prepare  a list  show- 
ing the  separate  parcels  so  benefited,  and  the 
amounts  so  assessed  upon  the  same  respective- 
ly, and  thereupon  the  same  proceedings  shall 
be  had  for  confirmation  of  said  assessment  and 
apportionment  as  is  provided  in  this  charter, 
and  said  assessment  and  apportionment  shall 
include  interest  to  the  date  of  such  confirma- 
tion. The  confirmation  of  said  assessment 
and  apportionment  shall  be  final  and  conclu- 
sive upon  all  owners  of  land  and  all  persons 
affected  therebv.  The  board  of  assessors 
shall  thereupon  divide  the  amount  apportioned 
and  assessed  upon  each  parcel  of  land  affected 
thereby  into  twenty  equal  annual  parts  or  in- 
stallments, together  with  interest  upon  each 
installment  at  the  rate  of  6 per  centum  per 
annum  from  the  date  of  such  confirmation  of 
the  apportionment  and  assessment  to  the  first 
day  of  September  in  each  of  said  twenty  years 
successively,  and  shall  duly  enter  their  said 
apportionment  and  assessment,  with  Interest 
as  aforesaid,  and  in  said  twenty  yearly  install- 
ments in  books  which  they  shall  properly  cer- 
tify. Thereupon  said  board  shaii  deliver  to 
and  file  in  the  offices  of  the  comptroller  and  of 
the  collector  of  assessments  and  arreare,  re- 
spectively, one  copy  of  said  books  of  appor- 
tionment and  asseissment.  On  the  first  day  of 
September  in  each  of  said  twenty  years,  re- 
spectively, the  said  assessment  for  said  year 
shall  be  and  become  a lien  upon  the  lands  or 
parcels  of  land  affected  thereby,  and  the  said 
filing  in  his  office  of  the saidapportionmentand 
assessment  shall  be  to  the  collector  of  assess- 
ments and  arrears  a full  and  proper  warrant 
for  collecting  the  installments  so  levied,  as 
they  respectively  become  due  in  each  year. 
The  said  Installments  so  levied  shall  In  each 
case  be  due  and  payable  on  the  first  day  of 
December  in  each  year,  and  according  to  said 
apportionment  and  assessment,  and  shall  be 
collected  in  the  same  manner  and  subject  to 
the  same  rebate  and  default  as  is  provided 
by  law  in  the  case  of  assessments  in  said  city 
affecting  the  lands  in  question,  and  all  the 
provisions  of  law  applicable  to  the  sale  of 


lands  for  the  non-payment  of  assessments  in 
the  said  city  affecting  the  lands  in  question 
shall  apply  to  the  said  assessments  provided 
for  herein.  Each  one  of  the  said  several  an- 
nual installments  levied  as  aforesaid  in  each 
year  shall,  notvflthstanding  any  other  provis- 
ions of  this  charter,  be  a lien  upon  the  land 
or  parcels  of  land  affected  thereby  only  from 
the  time  the  same  shall  be  respectively  levied. 
The  owner  of  any  parcel  of  land  so  assessed 
may  at  any  time  after  the  first  installment 
shall  have  become  due  and  payable,  pay  to  the 
, controller  of  the  city  of  New  York  all  the 
installments  not  levied  of  the  sum  made 
chargeable  on  said  land,  as  ascertained  by  the 
board  of  assessors  as  provided  for  in  this  sec- 
tion, with  the  proper  deduction  or  rebate  for 
any  interest  for  any  period  subsequent  to  the 
date  of  said  payment  and  Included  in  said  un- 
paid installments,  respectively,  upon  said 
books.  Thereupon  the  said  land  shall  be  dis- 
ehargeo  from  all  further  liability  on  account 
of  such  assessments.  For  the  purpose  of  mak- 
ing such  payment,  such  owner  shall  present 
to  the  controller  the  certificate  of  the  col- 
lector of  assessments  and  arrears  showing 
the  amount  of  said  installments  not  lev- 
ied and  paid,  and  upon  receiving  such 
payment  the  comptroller  shall  certify  the  same 
to  the  collector  of  assessments  and  arrears, 
who  shall  thereupon  cancel  the  assessments 
so  paid.  The  collector  of  assessments  and 
arrears  shall  cause  to  be  printed  on  all  bills 
made  out  in  his  office  for  installments  of  said 
assessments  a reference  to  this  section  and 
a notification  that  the  remaining  installments 
may  be  paid  and  canceled  in  the  manner  here- 
in provided.  Whenever  the  petitioner  or 
their  assigns  or  nominees  shall  have  paid,  or 
shall  have  caused  to  be  paid,  to  the  comptrol- 
ler the  sum  of  money  required  to  construct 
and  build  said  sewers  or  any  portion  thereof, 
as  specified  in  the  said  contract  or  contracts, 
they  shall  be  entitled  to  receive  the  moneys 
and  all  interest  thereon  to  be  assessed  and 
collected  under  this  act,  and  all  such  moneys 
and  interest  so  collected  upon  said  assessment 
shall  forthwith  be  paid  over  to  the  said  peti- 
tioners, or  their  nominees  or  assigns.  When- 
ever the  said  money  shall  have  been  so  paid 
by  said  petitioners,  or  their  nominees  or  as- 
signs, the  comptroller  shall  execute  to  the 
person  or  corporation  so  paying  said  money 
a certificate  in  writing,  stating  that  said 
money  has  been  so  paid,  and  that  the  person 
or  corporation  holding  said  certificate  is  en- 
titled to  receive  the  money  so  assessed  to- 
gether with  interest  thereon  at  the  rate  of 
si.x  per  centum  per  annum,  and  that  the  city 
will  pay  over  from  time  to  time  said  moneys 
and  interest  as  they  shall  be  received  and  col- 
lected under  this  section.  The  petitioners,  or 
their  assigns,  may  from  time  to  time  desig- 
nate various  portions  of  said  sewers,  not  less 
than  the  amount  above  specified,  to  be  built 
and  completed  as  herein  provided,  and  there- 
upon the  same  proceedings  as  above  provided 
shall  be  taken  for  the  building  and  complet- 
ing of  the  said  sewers  so  successively  desig- 
nated, and  for  assessing  and  collecting  the 
amounts  expended  for  constructing  said 
sewers.  In  constructing  this  section,  sew- 
ers twenty-four  inches  or  less  in  diam- 
eter shall  be  deemed  to  be  lateral  sew- 
ers, and  all  sewers  exceeding  twenty-four 
inches  in  diameter  shall  be  deemed  to  be 
trunk  sewers.  If,  in  any  case,  the  moneys 
deposited  with  the  comptroller  shall  exceed 
the  cost  of  building  and  completing  the  sewers 
for  w'hich  the  said  moneys  were  deposited, 
the  comptroller  shall,  upon  ascertaining  this 
fact,  pay  over  such  surplus  to  the  petitioners 
or  their  assigns  or  nominees.  If  the  moneys 
so  deposited  shall  not  be  found  sufficient  t» 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


59 


complete  the  sewers  for  which  the  same  were 
deposited,  then  the  comptroller  may  demand 
of  the  petitioners  or  their  assigns  or  nominees 
the  balance  required  to  build  and  complete 
said  sewers,  and  in  case  of  their  failure  to 
pay  the  same,  the  comptroller  may  retain  any 
such  balance  out  of  the  first  moneys  coming 
into  his  hands  from  assessment  upon  the 
property  upon  which  the  said  sewers  were 
constructed.  The  petitioners  shall  have  the 
right  to  appoint  in  writing  an  attorney  or 
nominee  to  represent  them  in  relation  to  said 
sewers  before  any  of  the  authorities  of  the 
city,  and  to  receive  any  moneys  payable  here- 
under or  do  any  act  or  receive  any  notice 
required  hereunder.  Such  appointment  of  a 
nominee  or  attorney  shall  be  irrevocable  with- 
out the  consent  of  said  nominee  or  attorney. 
Nothing  herein  contained  shall  in  any  way 
prevent  the  city  of  New  York  from  taking 
such  action  as  it  may  deem  proper  to  build 
lateral  sewers  upon  or  do  any  other  act  in 
relation  to  any  of  the  property  mentioned  in 
said  petition.  [Amended  by  Chapter  568,  Laws 
1899.] 

TITLE  8. 

THE  DEPART3IEXT  OF  PUBLIC  BUILD- 
INGS, LIGHTING  AND  SUPPLIES. 
Commissioner;  appointment,  term, 

salary. 

Sec.  572.  The  head  of  the  department  of 
public  buildings,  lighting  and  supplies  shall 
be  cjalled  the  commissioner  of  public  build- 
ings, lighting  and  supplies.  He  shall  be  ap- 
pointed by  the  mayor  and  hold  office  as  pro- 
vided in  chapter  IV  of  this  act  His  salary 
shall  be  seven  thousand  five  hundred  dollars 
a year. 

Id.;  jnrisdictioii. 

Sec.  573.  The  commissioner  of  the  depart- 
ment of  public  buildings,  lighting  and  sup- 
plies shall  have  cognizance  and  control  of 

(1)  The  construction,  repairs,  cleaning  and 
maintenance  of  public  buildings,  except  school 
houses,  alms  houses,  penitentiaries  and  fire 
and  police  station  houses,  and  other  buildings 
whose  care  and  custody  are  otherwise  provid- 
ed for  in  this  act. 

(2)  Of  the  mahing  and  performance  of  con- 
tracts when  duly  authorized  in  acco.rd  with 
the  provisions  of  this  act,  and  for  the  ex- 
ecution of  the  same  in  the  matter  of  furnish- 
ing the  city,  or  any  part  thereof,  with  gas, 
electricity  or  any  other  illumlnant;  cf  the 
selecting,  locating  and  removing  and  changing 
of  lights  for  the  use  of  the  city;  of  the  in- 
specting and  testing  of  gas  and  electricity 
used  for  light,  heating  and  power  purposes, 
gas  meters,  electric  meters,  electric  wires 
and  of  all  lights  furnished  to  said  city;  and 
of  the  use  and  transmission  of  gas,  elec- 
tricity, pneumatic  power  and  steam  for  all 
purposes  A,  upon,  across,  over  and  under  all 
streets,  roads,  avenues,  parks,  public  places 
and  public  buildings;  of  the  construction  of 
electric  mains,  conduits,  conductors  and  sub- 
ways in  any  such  streets,  roads,  avenues, 
parks  and  public  places,  and  the  granting  of 
the  permission  to  open  streets,  when  approved 
by  the  department  of  highways,  and  to  open 
the  same  for  the  purpose  of  carrying  on  therein 
the  business  of  transmitting,  conducting,  using 
and  selling  electricity,  steam,  or  for  the  serv- 
ice of  pneumatic  J;ubes. 

(3)  Of  the  care  and  cleaning  of  all  offices 
leased  or  occupied  for  public  uses. 

(4)  Of  the  location,  care,  management  and 
maintenance  of  the  public  baths. 

(5)  Of  the  location,  erection,  establishment 
and  maintenance  of  public  urinals. 

(6)  Of  the  purchase  of  fuel,  furniture,  uten- 
sils, books  and  other  articles  needed 
for  the  public  offices,  which  are  to  be  fur- 
nished upon  the  receipt  of  a written  requisi- 


tion signed  by  the  head  of  the  department  or 
office  in  which  the  same  is  required,  and  by 
the  principal  officer  in  charge  of  the  sub-divi- 
sion. The  said  commissioner  shall  prepare  all 
contracts  relating  to  his  department  for  sub- 
mission to  the  board  of  public  improvements. 

Consaltlng  engineer;  duties. 

Sec.  574.  The  consulting  engineer  of  light- 
ing and  electricity  shall,  when  requested  by 
the  commissioner  of  public  buildings,  light- 
ing and  supplies,  examine  problems  arising 
from  the  use  of  gas  and  electricity  and  steam 
affecting  public  interests  in  said  city  from  time 
to  time,  and  shall  report  thereon  to  the  said 
commissioner  from  time  to  time  as  he  may  be 
required.  He  shall  recommend  to  the  said 
commissioner  proposed  ordinances  for  the  use 
and  control  of  gas  and  electricity  and  steam, 
which  the  said  commissioner  may  submit  to 
the  board  of  public  Improvements;  and  he 
shall  perform  such  other  duties  as  the  said 
commissioner  may  from  time  to  time  require. 

Commissioner;  to  cause  tests  to  be 
made.  etc. 

Sec.  575.  The  said  commissioner  shall  causie 
tests  to  be  made  of  all  gas  used  for  lighting, 
heating  and  power  purposes,  shall  cause  in- 
spections to  be  made  of  gas  and  electric  lights 
furnished  to  the  city,  and  of  gas  meters  and 
electric  meters  and  electric  wiring,  as  such 
tests  may  be  provided  for  by  the  proper  ap- 
propriation; the  said  commissioner  shall 
cause  tests  to  be  made  of  all  meters  in  use  in 
said  city  for  measuring  or  ascertaining  the 
quantity  of  gas  or  electricity  or  steam  fur- 
nished by  any  corporation  or  person  in  said 
city  within  one  year  after  this  act  shall  take 
effect;  and  thereafter  no  corporation  or 
person  shall  furnish  or  put  in  use  any  gas 
or  electric  or  steam  meter  which  shall  not 
have  been  inspected,  approved  and  sealed  by 
the  inspectors,  and  every  such  corporation 
or  person  shall  provide  and  keep  in  or  upon 
their  premises  a suitable  and  proper  appa- 
ratus to  be  approved  and  sealed  by  the  in- 
spector for  testing  and  proving  accuracy  of 
meters  furnished  for  use  by  them.  When- 
ever a meter  shall  be  inspected  the  in- 
spector shall  attach  thereto  some  seal,  stamp 
or  mark,  w'th  the  inspector’s  name,  the 
date  of  his  inspection,  and  whether  or  not 
the  meter  Is  accurate.  Meters  in  use  shall 
be  re-inspected  and  tested  on  the  written 
request  of  the  consumer,  or  of  the  company, 
in  the  presence  of  the  consumer,  if' desired. 
If  any  such  meter  on  being  so  tested  shall  be 
found  defective  or  inaccurate  to  the  prejudice 
or  injury  of  the  consumer,  the  necessary  re- 
moval, inspection,  correction  and  replacing 
of  such  meter  shall  be  without  expense  to  the 
consumer;  but  in  all  other  cases,  except  where 
the  change  is  beneficial  to  the  company,  he 
shall  pay  the  reasonable  expense  of  such  in- 
spection, and  the  re-inspection  shall  be 
stamped  on  the  meter.  Provided,  however, 
that  nothing  herein  contained  shall  be  con- 
strued as  requiring  to  be  sealed,  electrolytic 
or  other  electric  meters,  which  in  their  con- 
struction or  use  are  not  susceptible  of  being 
sealed,  nor  the  apparatus  employed  in  tak- 
ing the  usual  periodic  readings  therefrom; 
but  all  such  meters  shall,  in  all  other  re- 
spects, be  tested  and  stamped  in  the  manner 
provided  herein  for  other  meters;  and  every 
corporation  using  such  electrolytic  or  other 
meters  shall  at  all  times  admit  the  Inspectors 
of  meters  at  its  meter  department  and  read- 
ing rooms,  and  permit  the  inspection  by  him 
of  all  meters  and  of  all  the  processes,  meth- 
ods and  operations  of  measuring  electric  cur- 
rent consumed  by  it. 

LaVFB  repealed. 

Sec.  576.  The  provisions  of  sections  62, 
63  and  64  of  chapter  40  of  the  general  laws. 


known  as  the  transportation  corporations  law, 
are  hereby  repealed  in  so  far  as  they  affect 
the  Inspection  of  gas  meters  and  electric  me- 
ters within  the  city  of  New  York. 

Interest  in  raannfaeture  of  gas,  etc., 
and  certain  nct.s  1>y  officers,  etc.,  of 
department  proliibited. 

Sec.  677.  No  officer,  agent  or  employe  of 
the  department  of  public  buildings,  lighting 
and  supplies  shall  in  any  way,  directly  or 
indirectly,  be  Interested,  pecuniarily,  in  the 
manufacture  or  sale  of  gas,  or  of  electricity, 
or  steam,  or  of  gas  or  electric  or  steam 
meters,  or  of  any  article  or  commodity  used 
by  gas  or  electric  companies,  or  used  for  any 
purpose  for.  the  consumption  of  gas  or  of 
electricity,  or  steam,  or  in  or  with  a gas  or 
electric  or  steam  company,  and  no  such  offi- 
cer, agent  or  employe  shall  give  certificateg 
or  written  opinions  to  a maker  or  vendor  of 
any  such  article  or  commodity. 

Inspection  of  fllnminatlng  gas;  tests. 

Sec.  578.  The  illuminating  gas  of  every 
company  shall  be  Inspected  at  least  twice  a 
year,  and  may  be  inspected  as  frequently 
as  the  commissioner  may  think  best,  but  not 
oftener  than  once  a week.  The  gas  shall  be 
tested  for  illuminating  power  by  means  of 
a disc  photometer,  or  other  approved  appara- 
tus, and  during  such  test  shall  be  burned 
from  a burner  best  adapted  to  it,  which  is  at 
the  same  time  suitable  for  domestic  use, 
and  at  as  near  the  rate  of  five  feet  per  hour 
as  is  practicabie.  When  the  gas  of  any  such 
company  shall  be  found  on  three  consecutive 
inspections  to  be  of  an  illuminating  power 
less  than  twenty  sperm  candles  of  six  to  a 
pound,  and  burning  at  the  rate  of  one  hun- 
dred and  twenty  grains  of  spermaceti  per 
hour,  tested  at  such  place  as  the  said  commis- 
sioner shall  specify  by  a nurner  consuming 
five  cubic  feet  of  gas  per  hour,  and  shall  not 
comply  with  the  reasonable  and  proper  stan- 
dard of  purity  as  fixed  by  said  commissioner, 
a fine  of  one  hundred  dollars  shall  be  paid 
by  such  company  to  the  city. 

Commissioner  to  salimit  proposed 
oi’diiiaiiees  relative  to  wires,  etc. 

Sec.  579.  The  said  commissioner  shall  from 
time  to  time  submit  lor  the  consideration  of 
the  board  of  public  Improvements  such  pro- 
posed ordinances  in  regard  to  electric  wires, 
appliances'  and  currents  for  furnishing  light, 
heat  or  power  when  introduced  into  or  placed 
In  any  building  in  said  city.  Such  proposed 
ordinances  shall  prescribe  the  method  of  con- 
struction, operation,  location,  arrangement. 
Insulation  and  use  of  such  wires,  appliances, 
and  currents,  as  said  commissioner  shall  from 
time  to  time  deem  necessary  for  the  protection 
of  life  and  property. 

Insi>ectoi'  of  electric  wiring;  (uialifiea« 
tions;all  wires  to  l>e  inspected;  rules, 
notices,  etc.;  penalty  for  violation. 

Sec.  580.  Any  inspector  of  electric  wiring 
appointed  in  the  department  shall  have  a tech- 
nical and  practical  knowledge  of  the  con- 
struction and  operation  of  electrical  lines  and 
appliances.  Aftei  this  act  takes  effect,  the 
commissioner  shall  cause  to  be  inspected  all 
such  wires,  currents  and  appliances  that  may 
be  introduced  into  or  placed  in  any  building  in 
said  city,  and  the  saia  commissioner  shall  fur- 
nish a certificate  of  such  inspection  to  any  per- 
son or  corporation  applying  therefor.  All  no- 
tices of  the  violation  of  any  of  the  provisions 
of  this  section,  or  of  any  ordinances  relating 
to  said  department,  or  any  regulations,  rules 
or  orders  made  thereunder  relating  to  electri- 
cal wires,  currents  or  appliances,  shall  be  is- 
sued and  served  in  the  manner  provided  in 
this  act  for  the  service  of  notices.  The  vio- 
lation of  any  of  the  provisions  of  this  section 
or  of  any  of  the  said  ordinances  or  any  rul«§ 


eo 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


or  regulations  thereunder  shall  be  deemed  to 
be  a violation  of  the  provisions  of  the  depart- 
ment of  buildings  of  said  city,  and  shall  sub- 
ject the  person  or  corporation  committing  the 
same  to  the  penalties  prescribed  herein  for 
such  violations. 

Removal  of  electvic  wires. 

Sec.  681.  “Whenever  in  the  opinion  of  the 
board  of  public  improvements  it  shall  be  prac- 
ticable to  remove  the  electrical  conductors 
above  ground  in  any  street,  avenue,  highway 
or  public  place  of  that  part  of  the  city  of  New 
York  which  lies  within  the  boroughs  of  Man- 
hattan and  the  Bronx,  after  the  grade  of  said 
street,  avenue  or  highway  shall  have  been 
finally  determined  and  established,  and  to 
place  the  same  underground,  tne  commission- 
er of  public  buildings,  lighting  and  supplies 
shall  notify  the  owners  or  operators  of  the 
electrical  conductors  above  ground  that  such 
electrical  conductors  must  be  removed  within 
a certain  time  to  be  fixed  by  said  commission- 
er, which  time  shall  be  sufficient  for  such  re- 
moval, and  in  the  case  of  a corporation  duly 
authorized  to  lay  and  operate  electrical  con- 
ductors underground  in  such  street,  avenue, 
highway  or  public  place,  sufficient  also  for  the 
proper  laying  of  conductors  underground  in 
place  of  those  removed.  All  electrical  con- 
ductors authorized  to  be  placed  underground, 
shall  be  placed  underground  under  and  In  ac- 
cordance with  the  provisions  of  chapter  seven 
hundred  and  sixteen  of  the  laws  of  one  thou- 
sand eight  hundred  and  eighty-seven,  chapter 
iwo  hundred  and  thirty-one  of  the  laws  of 
one  thousand  eight  hundred  and'  ninety-one, 
chapter  two  hundred  and  sixty-three  of  the 
laws  of  one  thousand  eight  hundred  and  nine- 
ty-two, and  the  laws  amendatory  thereof  and 
supplemental  thereto.  Whenever  application 
shall  be  made  to  said  commissioner  of  public 
buildings,  lighting  and  supplies,  for  permis- 
sion to  place  underground  electrical  conduc- 
tors in  any  street,  avenue,  highway,  or  public 
place  of  that  part  of  the  city  of  New  York 
W'hlch  lies  within  the  boroughs  of  Manhattan 
and  the  Brocx,  the  subways  therefor  shall, 
if  such  permission  be  granted,  be  constructed 
or  provided,  and  such  electrical  conductors 
placed  underground  under  and  in  accordance 
of  said  laws.  But  such  permission  shall 
be  granted  only  in  accordance  with  the  piro- 
vlsions  of  said  laws. 

UiiderKrouiul  electrical  condactors. 

Sec.  582.  Whenever  the  said  board  of  pub- 
lic improvement  shall  deem  it  desirable  and 
practicable,  after  hearing  all  parties  Inter- 
ested, that  the  electrical  conductors  in  any 
street,  avenue,  highway  or  public  place  of  the 
city  of  New  York,  lying  within  the  boroughs 
of  Brooklyn,  Queens  and  Richmond,  be 
placed  underground,  the  said  commissioner 
Shall  notify  the  owners  or  operators  of  the 
electrical  conductors  above  ground  in  any 
such  street,  avenue,  highway  or  public  place, 
that  said  electrical  conductors  shall  be  placed 
underground  within  a certain  time  to  be  fixed 
by  the  said  commissioner,  which  said  time 
shall  be  sufficient  for  the  proper  construction 
of  underground  conduits  or  ocher  channels  in 
said  street,  avenue,  highway  or  public  place. 
Whenever  any  duly  authorized  company  op- 
erating or  intending  to  operate  electrical 
conductors  in  any  street,  avenue,  highway  or 
public  place  in  that  part  of  the  city  of  New 
York  which  lies  within  the  boroughs  of 
Brooklyn,  Queens  and  Richmond,  shall  desire 
to  place  its  conductors  or  any  of  them  un- 
derground, it  shall  be  obligatory  upon  such 
company  to  file  with  the  commissioner  of 
public  buildings,  lighting  and  supplies,  a map 
or  maps  made  to  a scale,  showing  the  streets 
or  avenues  or  other  highways  or  public  places 
which  are  desired  to  be  used  for  such  pur- 
jpose,  and  giving  the  general  location,  dimen- 


sions and  course  of  the  underground  conduit 
desired  to  be  constructed.  Before  any  such 
conduit  shall  be  constructed  it  shall  be  nec- 
essary to  obtain  the  approval  by  said  commis- 
sioner of  said  plan  of  construction  so  pro- 
posed by  such  company,  and  said  commis- 
sioner shall  have  power  to  require  that  the 
work  of  removal  and  of  constructing  every 
such  system  of  underground  conductors  shall 
be  done  according  to  such  plan  so  approved. 

Id.;  procedure  when  board  of  public 
improvements  determines  upon. 

See.  583.  Whenever  the  commissioner  ol 
public  buildings,  lighting  and  supplies,  in  ac- 
cordance with  the  resolution  of  the  board  of 
public  improvements,  shall  notify  the  owners 
or  operators  of  any  electrical  conductors  In 
the  city  of  New  York,  that  said  conductors 
shall  be  removed  or  placed  under  ground  with- 
in a certain  time,  the  time  within  which  said 
electrical  conductors  shall  be  placed  under 
ground  shall  be  fixed  'by  the  said  commission- 
er, giving  all  persons  or  corporations  owning 
or  operating  such  electrical  conductors,  an 
opportunity  to  be  heard  on  the  question  of 
the  time  necessary  to  place  said  conductors 
underground,  and  after  hearing  the  engineer 
of  lighting  and  electricity,  and  such  other 
expert  opinion  as  the  said  commissioner  may 
think  advisable.  Said  owners  or  operators  of 
electrical  conductors  above  ground  in  such 
street  or  locality  shall  be  required  to  remove 
all  of  said  poles,  wires  or  oitber  electrical 
conductors  and  supnorting  fixtures  or  other 
devices  from  any  such  street  or  locality  with- 
in thirty  days  after  the  expiration  of  the  time 
so  fixed  by  said  commissioner. 

Id.;  permit  necessary  to  take  np  pave- 
ment, etc.;  commissioner  of  public 
bniltlinfvs,  etc.,  to  determine  method 
of  extension;  mnnloipal  assembly 
may  enact  ordinances  reswlatlng  use, 
etc. 

Sec.  584.  I't  shall  he  unlawful,  after  the 
passage  of  this  act,  for  any  person  or  cor- 
poration to  take  up  the  pavement  of  any 
of  the  streets  and  parks  of  said  city,  or  to 
excavate  for  the  purpose  of  laying  under- 
ground any  electrical  oonduotors,  or  to  con- 
struct subways,  unless  permission  in  writing 
therefor  shall  have  been  first  obtained  from 
the  said  commissioner  of  public  buildings, 
lighting  and  supplies,  indorsed  by  the  com- 
missioner of  highways.  And  except  with  a 
like  permission  therefor  no  electrical  conduct- 
ors, poles,  wires  or  otheT  electrical  devices 
or  fixtures  shall  'be  constructed,  erected, 
strung,  laid  or  maintained  above  or  below 
the  surface  of  any  street,  avenue,  highway 
or  other  pulblic  place,  in  any  part  of  said  city. 
And  the  said  commissioner  of  public  build- 
ings, lighting  and  supplies  shall  determine 
whether  any  extension  of  the  existing  elec- 
trical conductors  of  any  person  or  corpora- 
tion in  said  city  shall  be  by  means  o<f  over- 
head or  underground  conductors.  And  the 
municipal  assembly  may  establish,  and  may 
from  time  to  time  enact  ordinances  regulat- 
ing all  the  construction,  maintenance,  use 
and  management  of  the  electrical  conductors, 
poles  and  fixtures  above  ground,  the  conduits 
and  subways  therefor  constructed  under- 
ground, and  for  regulating  the  number  and 
looaitioo  of  overhead  lines. 

The  fonr  preeedlns  sections  to  be 
police  regulations. 

Sec  585.  The  provisions  of  the  four  preced- 
ing sections  of  this  act  are  made  police  regu- 
lations in  and  for  the  city  of  New  York, 
and  in  case  the  several  owners  of  said  poles, 
wires  or  other  electrical  conductors,  fixtures, 
and  devices  shall  not  cause  them  to  be  re- 
moved from  such  streets  or  localities  as  re- 
quired. by  said  commissioner  or  by  the  de- 
termination of  the  board  of  public  improve- 


ments, or  shall  neglect  or  refuse  to  comply 
with  any  of  the  ordinances  as  herein  pro- 
vided, it  shall  be  the  duty  of  the  said  com- 
missioner to  cause  the  same  to  be  removed 
from  said  streets,  roads,  avenues,  lanes,  parks 
and  public  places. 

Former  boards  to  turn  over  maps,  etc., 
to  commissioner. 

Sec.  686.  The  board  of  electrical  control  in 
and  for  the  city  of  New  York  and  the  mayor 
and  commissioner  of  city  works  of  the  City 
of  Brooklyn,  acting  as  commissioners  of  elec- 
trical subways  of  the  city  of  Brooklyn,  are 
hereby  required  and  directed  to  turn  over 
and  deliver  to  the  commissioner  of  public 
buildings,  lighting  and  supplies,  within  thir- 
ty days  after  this  act  shall  take  effect,  all 
maps,  plans,  models,  books  and  papers  relat- 
ing to  the  construction  and  location  of  elec- 
trical conductors,  conduits  or  subways  filed 
with  or  communicated  to  said  commissioner, 
and  all  official  record^  and  papers  of  every 
kind  in  their  possession. 

Separate  contracts  for  lighting  each 
borongh;  duty  of  commissioner. 

Sec.  587.  The  commissioner  of  public  build- 
ings, lighting  and  supplies  under  and  in 
conformity  to  the  ordinance  regulating 
contracts  shall  prepare  the  terms  and 
specifications  under  which  contracts  shall 
be  made  for  lighting  the  streets,  pub- 
lic buildings  and  parks  of  said  city.  Sep- 
arate contracts  shall  be  made  for  such  light- 
ing in  each  of  the  boroughs  of  the  city 
of  New  York,  or  In  such  subdiyisions  of  the 
city  as  may  appear  to  the  board  of  public 
improvements  and  the  municipal  assembly  to 
be  for  the  best  interests  of  said  city.  The 
number,  kind  and  location  of  lights  to  be 
furnished  under  each  of  said  contracts  shall 
be  determined  and  prescribed  by  the  commis- 
sioner of  public  buildings,  lighting  and  sup- 
plies. Such  bids  shall  be  prepared  and  ad- 
vertised for,  and  such  contracts  shall  be  exe- 
cuted in  the  manner  prescribed  for  herein  as 
to  other  contracts  entered  into  by  said  city 
or  the  departments  thereof. 

Contracts  shall  be  made  for  the  term  of  one 
year  and  shall  be  awarded  to  the  lowest  bid- 
der, unless  the  board  of  public  improvements 
by  a vote  of  a majority  of  its  members,  of 
whom  the  mayor  and  controller  shall  be  two, 
shall  determine  that  it  is  for  the  public  in- 
terest that  a bid  other  than  the  lowest  should 
be  accepted.  Contracts  made  for  a given  bor- 
ough or  district  shall  include  all  lights  of  a 
given  kind  used  by  said  city  in  said  borough 
or  district  then  ordered  or  thereafter  to  be 
ordered  by  the  said  commissioner  during  the 
term  of  said  contract.  But  no  bid  shall  be 
entertained  unless  the  said  commissioner  shall 
be  satisfied  that  the  party  or  parties  bidding 
are  possessed  of  sufficient  plant  to  carry  out 
the  provisions  of  the  contract. 

Devolution  of  powers  of  former  boards 

Sec.  588.  All  powers  and  duties  conferred 
or  imposed  upon  the  corporation  heretofore 
known  as  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York,  or  upon  any  of 
the  officers,  or  any  board  thereof,  or  upon 
the  board  of  electrical  control  in  and  for  the 
city  of  New  York,  or  upon  the  corporation 
known  as  the  City  of  Brooklyn,  or  upon  any 
of  the  officers  of  any  board  thereof,  or  unon 
any  board  of  commissioner^  of  electrical  sub- 
ways therein,  or  upon  the  corporation  known 
as  Long  Island  City,  or  upon  any  of  the  of- 
ficers, or  any  board  thereof,  or  upon  any  other 
municipal  corporation,  town  or  village,  or  any 
board  of  public  officers  existing  O'r  acting 
within  the  territory  of  the  county  of  Richmond, 
or  within  so  much  of  the  territory  of  the 
county  of  Queens  as  is  by  this  act  annexed  to 
the  corporation  known  as  the  mayor,  aldermen 


THE  CHARTER  OF  THE  CITY  OF  NEW 


and  commonalty  of  the  city  of  New  York,  so 
far  as  such  powers  and  duties  in  any  way  re- 
late to  the  construction,  repairs,  cleaning  and 
maintenance  of  public  buildings,  including 
markets,  except  school  houses,  alms  houses, 
penitentiaries  and  fire  and  police  station 
houses  and  other  buildings  whose  care  and 
custody  are  otherwise  provided  for  in  this 
act,  and  to  furnishing  the  city,  or  any 
part  thereof,  with  gas,  electricity,  or  any 
other  illuminant,  or  of  steam;  the  selecting, 
locating  and  removing  and  changing  of 
lights  for  the  use  of  the  city;  the 
Inspecting  and  testing  of  gas  and  electricity 
used  for  light,  heating  and  power  purposes, 
gas  meters,  electric  meters,  electric  wires 
and  of  all  lights  furnished  to  said  city;  and 
the  use  and  transmission  of  electricity  for  all 
purposes  in,  upon,  across,  over  and  under 
all  streets,  roads,  avenues,  parks,  public 
places  and  public  buildings;  the  construction 
of  electric  mains,  conduits,  conductors  and 
subways  in  any  such  streets,  roads,  avenues, 
parks  and  public  places  and  the  granting  of 
the  permission  to  open  streets  and  to  open 
same  for  the  purpose  of  carrying  on  therein 
the  business  of  using  and  selling  electricity 
or  steam,  or  for  the  service  of  pneumatic 
tubes,  the  care  of  all  oflBces  leased  or  occupied 
for  public  uses;  the  location,  care,  manage- 
ment and  maintenance  of  the  public  baths; 
the  location,  erection,  establishment  and 
maintenance  of  public  urinals;  the  purchase  of 
fuel,  furniture,  utensils,  books,  stationery  and 
other  articles  needed  for  the  public  offices, 
so  far  as  such  powers  are  consistent  with  and 
conformable  to  the  provisions  of  this  act, 
are  hereby  conferred  and  imposed  upon  the 
city  of  New  York  as  constituted  by  this  act, 
and  as  a matter  of  administration  are  devolv- 
ed upon  the  commissioner  of  public  buildings, 
lighting  and  supplies,  to  be  by  him  exercised, 
performed  and  executed  according  to  the  pro- 
visions, directions  and  limitations  of  this  act. 

TITLE  9. 

DEPART3IENT  OP  BRIDGES. 

Commissioner,  appointment,  term  and 

salary. 

Sec.  594.  The  head  of  the  department  of 
bridges  shall  be  called  the  commissioner 
of  bridges:  He  shall  be  appointed  by  the 
mayor  and  hold  office  as  provided  in  chapter 
IV  of  this  act.  His  salary  shall  be  seven 
thousand  five  hundred  dollars  a year. 

Id.;  jurisdiction. 

Sec.  595.  The  commissioner  of  bridges  shall 
have  cognizance  and  ^control — 

(1)  Of  the  management  and  maintenance  of 
the  New  York  and  Brooklyn  bridge. 

(2)  Of  the  operation  of  the  railroad  on  the 
New  York  and  Brooklyn  bridge. 

(3)  Of  the  collection  of  fares  and  of  tolls 
on  the  New  York  and  Brooklyn  bridge. 

(4)  Of  the  construction,  repair,  mainten- 
ance and  management  of  all  other  bridges 
that  may  at  any  time  hereafter  be  constructed 
in  whole  or  in  part  at  the  expense  of  the  city 
of  New  York,  or  that  may  be  acquired  by  said 
city. 

(5)  Of  the  construction,  repair  and  mainten- 
ance of  all  other  bridges  that  are  or  may  be 
In  whole  or  In  part  a public  charge,  not  in- 
cluded In  public  parks,  within  the  territory  of 
the  city  of  New  York,  except  the  East  river 
bridge,  authorized  by  chapter  789,  laws  of 
1895. 

Id.;  to  make  dally  report  to  controller. 

Sec.  596.  The  said  commissioner  shall  keep 
accurate  accounts  of  all  moneys  received  or  col- 
lected by  his  department  for  fares,  tolls  andany 
other  purpose,  in  such  form  as  the  controller 
of  the  city  or  the  ordinances  of  the  municipal 
assembly  shall  require^  and  he  shall  pay  over 


the  same  daily  to  the  chamberlain  and  make 
a daily  report  of  the  same  to  the  controller. 

Persons  not  affected  l>y  passage  of  tills 
act;  exceptions. 

Sec.  597.  The  engineers-,  officers  and  subor- 
dinates, with  the  exception  of  the  attorneys  and 
counsel  of  the  New  York  and  Brooklyn  bridge 
in  office  or  employment  at  the  time  of  the  pas- 
sage of  this  act  and  heretofore  appointed  by 
the  trustees  of  the  New  York  and  Brooklyn 
bridge  shall  not  be  affected  by  the  passage  of 
this  act  so  far  as  their  positions  are 
concerned,  but  shall  continue  to  hold  such 
places  and  positions  under  the  commissioner 
of  bridges,  subject  to  the  provisions  of  this 
act. 

Tlie  New  York  rmd  Brooklyn  bridge,  a 
public  liig'liway. 

Sec.  698.  The  New  York  and  Brooklyn 
bridge  is  hereby  declared  to  be  a public  high- 
way for  the  purpose  of  rendering  travel  be- 
tween the  boroughs  of  Manhattan  and  Brook- 
lyn certain  and  safe  at  all  times,  subject  to 
such  tolls  and  prudential  and  police  regula- 
tions as  the  municipal  assembly  shall  adopt 
and  prescribe;  provided,  however,  that  the 
passageway  of  the  bridge  now  set  apart  for 
foot  passengers  shall  remain  free  and  open 
to  all  pedestrians  coming  or  going  at  all  times. 

Concurrent  jurisdiction  in  borongbs  of 
New  York  nnd  Brooklyn  oxer  crimes, 
etc.,  committed  on  tbe  said  bridge. 

Sec.  599.  Concurrent  jurisdiction  shall  be 
possessed  by  all  courts  located  in  the  borough 
of  Manhattan,  and  by  all  courts  located  in 
the  borough  of  Brooklyn,  and  by  the  judicial 
and  administrative  offices  of  the  city  of  New 
York,  over  all  crimes  and  offenses,  committed 
upon  said  bridge  and  upon  any  other,  bridge 
that  may  hereafter  be  erected  between  the 
two  boroughs.  It  shall  be  the  duty  of  the 
said  commissioner  of  bridges  and  he  hereby 
is  authorized  to  execute  the  ordinances  of  the 
municipal  assembly,  relative  to  said  bridges 
and  to  have  in  immediate  charge  the  n'lntrol 
and  disposition  of  such  members  of  the  po- 
lice force  of  the  city  of  New  York,  as  may 
be  assigned  for  duty  in  his  department. 

Certain  acts  declared  to  be  misde- 
meanors; penalties  for. 

Sec.  600.  Any  person  willfully  doing  any 
injury  to  any  of  said  bridges  or  any  of  their 
appurtenances,  shall  forfeit  and  pay  to  the 
said  city  of  New  York  three  times  the  amount 
of  such  injury,  and  shall  be  deemed  guilty  of 
a misdemeanor  and  be  subject  to  a penalty 
not  exceeding  five  hundred  dollars,  and  to  im- 
prisonment not  exceeding  six  months,  in  the 
discretion  of  the  court. 

Devolution  of  power  of  former  boards, 
etc. 

Sec.  601.  Upon  the  appointment  of  the  com- 
missioner of  bridges  the  respective  of- 
fices of  the  trustees  of  the  New  York 
and  Brooklyn  bridge  shall  be  and  they 
hereby  are  declared  abolished  and  all  the 
powers  and  duties  vested  In  and  devolved 
upon  said  trustees  of  the  New  York  and 
Brooklyn  bridge  by  any  law  or  statute  shall, 
so  far  as  they  are  consistent  with  and  con- 
formable to  the  provisions  of  this  act,  be 
devolved  upon  the  commissioner  of  bridges 
of  the  city  of  New  York  and  upon  the  munici- 
pal assembly,  and  thev  shall  in  all  respects 
exercise  such  duties  and  perform  such  powers, 
subject,  however,  to  the  provisions,  directions 
and  limitations  of  this  act. 

CHAPTER  XI. 

DEPART3IENT  OF  PARKS. 

Title  1.  The  parks  of  the  city. 

2.  The  art  commission. 


YORK.  Cl 

TITLE  1. 

THE  PARKS. 

Administriitlvc  JoriNdiction ; board; 

president;  salaries;  braiicli  oflices. 

Sec.  607.  The  head  of  the  department  of 
parks  shall  bo  called  the  park  board.  Said 
board  shall  consist  of  three  members,  who 
shall  be  known  as  commissioners  of  parka  of 
the  city  of  New  York.  They  shall  be  appoint- 
ed by  the  mayor  and  shall  hold  their  respect- 
ive offices  as  provided  in  chapter  IV  of  this 
act.  One  of  said  commissioners  shall  be  the 
president  of  the  board,  and  shall  be  so  desig- 
nated by  the  mayor.  In  appointing  such  com- 
missioners the  mayor  shall  specify  the  bor- 
ough or  boroughs  in  which  they  are  respective- 
ly to  have  administrative  jurisdiction,  to  wit; 
one  in  the  boroughs  of  Manhattan  and  Rich- 
mond; one  in  the  borough  of  the  Bronx,  and 
one  in  the  boroughs  of  Brooklyn  and  Queens. 
The  principal  office  of  the  department  of 
parks  shall  in  the  borough  of  Manhattan. 
There  shall  be  a branch  office  in  the  boroughs 
of  Brooklyn  and  the  Bronx  and  a branch  office 
may  be  established  In  the  borough  of  Queens 
or  the  borough  of  Richmond,  in  the  discretion 
of  the  board.  At  any  time  when  requested  so 
to  do  by  said  board,  the  mayor  may  make  a 
new  specification  of  the  borough  or  boroughs 
in  which  said  commissioners  are  respectively 
to  have  administrative  jurisdiction.  The  sal- 
ary of  each  of  said  commissioners  shall  be 
$5,000  a year. 

Title  to  parks,  sqaares  aud  pukiio 

l>laoes. 

Sec.  608.  The  title  to  each  and  all  of  the 
parks,  parkways,  squares  and  public  places 
comprised  within  and  belonging  to  the  cor- 
poration heretofore  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New 
York,  or  the  corporation  heretofore  known 
as  the  city  of  Brooklyn,  or  the  corporation 
heretofore  known  as  Long  Island  City,  or  the 
county  of  Kings,  or  the  county  of  Richmond, 
or  which  are  owned  by  the  county  of  Queens, 
and  are  comprised  within  that  portion  of  said 
county  which  is  included  in  the  city  of  New 
York,  as  constituted  by  this  act,  or  belong- 
ing to  any  of  the  subdivisions  of  said  coun- 
ties, is  hereby  vested  in  the  city  of  New  York, 
as  hereby  constituted. 

Gifts  of  real  and  personal  property. 

Sec.  609.  Real  and  personal  property  may  be 
granted,  (jevised,  bequeathed  or  conveyed  to 
the  city  of  New  York,  as  constituted  by  this 
act,  for  the  purposes  of  the  improvement  or 
ornamentation  of  the  parks,  squares  or  public 
places  in  said  city,  or  for  the  establishment 
or  maintenance,  within  the  limits  of  any  such 
park,  square  or  public  place,  of  museums, 
zoological,  botanical  or  other  gardens,  col- 
lections of  natural  history,  observatories  or 
works  of  art,  upon  such  trusts  and  condi- 
tions as  may  be  prescribed  by  the  grantors 
or  donors  thereof,  and  be  accepted  by  the 
department;  and  all  property  so  devised, 
granted,  bequeathed  or  conveyed,  and  the 
rents,  issues,  profits  and  income  and  in- 
crease thereof  shall  be  subject  to  the  manage- 
ment, direction  and  control  of  the  commis- 
sioner for  the  borough  or  boroughs  in  which 
the  same  is  situated  or  to  which  it  apper- 
tains, and  excei)t  such  surplus  animals  and 
duplicate  specimens  as  the  park  board  may 
deem  it  judicious  to  dispose  of  by  sale  or 
otherwise,  the  same  shall  be  forever  prop- 
erly protected,  preserved  and  arranged  for 
public  use  and  enjoyment,  subject  to  such 
rules  and  regulations  as  the  park  board  may 
prescribe.  ■ The  said  board  shall  hereafter, 
with  its  annual  report,  maice  a statement  of 
the  condition  of  all  the  gifts,  devises  and 


63 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


bequests  of  the  previous  yeax,  and  of  the 
names  of  the  persons  making  the  same. 

General  powers  o£  tlie  board;  ordl- 

unnees. 

Sec.  610.  The  park  hoard  shall  hy  a vote 
cf  a majority  of  its  members  have  power  to 
eistabllsh  general  rules  and  regulations  for 
the  administration  of  the  department,  which 
rules  and  regulations  so  far  as  practicable 
shall  be  uniform  in  all  the  boroughs.  Said 
board  shall  have  power  to  appoint  a secre- 
tary, and,  within  the  limit  of  its  appropria- 
tion, to  appoint  such  subordinate  oflicers  as 
may  be  necessary  for  ,the  proper  conduct  of 
the  office  of  the  department.  The  board  shall 
also  have  power  by  a vote  of  a majority  of 
its  members  to  enact  ordinances  for  the  gov- 
ernment and  protection  of  all  parks,  park- 
ways, squares  and  public  places  within  the 
city,  and  the  same  shall  at  ail  times  be  sub- 
ject to  ail  such  ordinances  as  to  the  use  and 
occupation  thereof  and  in  respect  to  any  erec- 
tions or  incumbrances  thereon.  Any  person 
violating  any  of  such  ordinances  shall  be  guilty 
of  a misdemeanor  and  shall  on  conviction 
before  a city  magistrate  be  punished  by  a 
fine  not  exceeding  fifty  dollars,  or  in  default 
of  payment  of  such  fine  by  imprisonment  not 
exceeding  thirty  days. 

Landscape  arcliitect;  apiioliitment  and 

duties. 

Sec.  611.  The  board  shall  also  appoint  with- 
out definite  t^m  a landscape  architect,  skill- 
ed and  expert,  whose  assent  shall  be  requi- 
Bite  to  all  plans  and  works  or  changes  there- 
of respecting  the  conformation,  development 
or  ornamentation  of  any  of  the  parks,  squares, 
or  public  places  of  the  city,  to  the  end  that 
the  same  may  be  uniform  and  symmetrical 
at  all  times.  It  Shall  'be  the  duty  of  such  ar- 
chitect, from  time  to  time,  to  prepare 
and  submit  to  the  board,  or  to  any  commis- 
sioner, as  he  may  deem  proper,  or  as  he  may 
be  requested  by  said  board  or  by  any  com- 
missioner, plans  for  works  or  changes  there- 
of respecting  the  parks,  parkways,  squares 
or  public  places  of  the  city.  The  salary  of 
said  architect  shall  be  fixed  by  the  board 
^within  the  proper  appropriation. 

General  powers  of  commissioners  as 

to  tlie  management  of  iJarUs. 

Sec.  612.  Subject  to  such  general  rules  and 
regulations  as  shall  be  established  by  the 
board,  each  commissioner  shall  have  charge 
of  the  management  and  be  responsible  for  the 
care  of  all  such  parks,  parkways,  squares  and 
public  places  as  are  situated  in  the  borough 
or  boroughs  over  which  he  has  jurisdiction, 
and  of  the  streets  and  avenues  immediately 
adjoining  the  same;  but  such  jurisdiction  shall 
not  extend  to  nor  include  the  buildings  which 
are  now  or  may  hereafter  be  erected  in  such 
parks,  squares  or  public  places  for  govern- 
mental purposes,  other  than  those  of  the  de- 
partment of  parks.  It  shall  be  the  duty  of 
each  commissioner,  subject  to  such  general 
rules  and  regulations  and  in  conformity  there- 
with to  maintain  the  beauty  and  utility  of  all 
Buch  parks,  squares  and  public  places  as  are 
Bituated  within  his  jurisdiction,  and  to  insti- 
tute and  execute  all  measures  for  the  improve- 
ment thereof  for  ornamental  purposes  and 
for  the  beneficial  uses  of  the  people  of  the 
city.  Subject  to  the  general  rules  and  regu- 
lations established  by  the  board,  each  commis- 
sioner shall  have  power  to  determine  the 
line  or  curb  and  the  surface  construction  of 
all  streets  and  avenues  lying  within  a distance 
of  three  hundred  and  fifty  feet  from  the  outer 
boundaries  of  any  park,  square  or  public  place 
In  his  jurisdiction;  and  he  shall  also  have 
power  to  plant  trees  and  to  construct,  erect 
and  establish  seats,  drinking  fountains,  statues 
•ad  works  of  art,  when  he  may  deem  it  taete- 


ful  or  appropriate  so  to  do,  on  any  part  of 
the  public  streets  and  avenues  within  such 
environments,  subject  to  the  provisons  of  title 
two  of  this  chapter  and  to  determine  when  and 
where  new  lamps  or  lighting  appliances  shall 
be  placed  and  lighted. 

Maintenance  and  inanas'enient  of 

buildins's  in  parks. 

Sec.  613.  It  shall  be  the  duty  of  the  com- 
missioner for  the  boroughs  of  Manhattan 
and  Richmond  to  maintain  the  meteorological 
and  astronomical  observatory,  the  Museum 
of  Natural  History,  the  Metropolitan  Muse- 
um cf  Art  in  Central  park,  the  Aquarium  in 
Battery  place,  and  such  other  buildings  as 
now  are  or  may  hereafter  be  erected  in  such 
parks  or  in  any  other  park,  square  or  public 
place  under  his  jurisdiction  by  authority  of 
the  municipal  assembly.  It  shall  be  the 
duty  of  the  commissioner  for  the  boroughs 
of  Brooklyn  and  Queens  to  maintain  the 
Brooklyn  Institute  of  Arts  and  Sciences  and 
such  other  buildings  as  now  are  or  may 
hereafter  be  erected  in  any  park,  square  or 
public  place  under  his  jurisdiction  by  au- 
thority of  the  municipal  assembly.  It  shall 
be  the  duty  of  the  commissioner  for  the 
borough  of  the  Bronx  to  maintain  the  New 
York  Botanical  garden  and  the  buildings 
appurtenant  thereto,  and  such  other  Institu- 
tions or  buildings  as  may  be  established  or 
erected  in  any  park,  square  or  public  place 
in  his  jurisdiction  by  authority  of  the  muni- 
cipal' assembly.  It  shall  be  the  duty  of  the 
several  commissioners  to  provide  the  neces- 
sary instruments,  furniture  and  equipments 
for  the  several  buildings  and  institutions 
within  their  respective  jurisdictions,  and, 
with  the  authority  of  the  municipal  assem- 
bly, to  develop  and  improve  the  same,  and 
to  erect  additional  buildings;  but  the  main- 
tenance of  all  such  buildings  and  institu- 
tions shall  be  subject  to  the  pro-visions  of 
the  acts  incorporating  said  institutions,  or 
either  of  them,  and  the  acts  amendatory 
thereof,  and  to  the  powers  of  said  corpora- 
tions thereunder,  and  of  the  boards  by  such 
acts  created  or  provided  for;  and  shall 
also  be  subject  to  and  in  conformity 
with  such  contracts  and  agreements 
as  have  heretofore  been  made  with 
such  institutions  respectively,  and  are 
in  force  and  effect  when  this  act  takes 
effect,  or  as  may  be  hereafter  made  by  the 
authority  of  the  municipal  assembly,  and  no 
moneys  shall  be  expended  for  such  purposes 
unless  an  appropriation  therefor  has  been 
made  by  the  board  of  estimate  and  appor- 
tionment and  the  municipal  assembly.  Out 
of  the  moneys  annually  appropriated  for  the 
maintenance  of  parks  each  commissioner 
may  apply  such  sum  as  shall  be  fixed  by  the 
board  of  estimate  and  apportionment  for  the 
keeping,  preservation  and  exhibition  of  the 
collections  placed  or  contained  in  buildings 
or  institutions  now  situated  or  hereafter 
erected  in  the  parks,  squares  or  public 
places  under  the  jurisdiction  of  such  com- 
missioner. 

Appointment  of  subordinate  oflicers. 

Sec.  614.  Each  commieeioner  shall  have  pow- 
er to  appoint  such  superintendents,  engi- 
neers, subordinates,  clerks  and  assistants  as 
may  be  necessary  for  the  efficient  perform- 
ance of  the  duties  of  the  department  respect- 
ing the  parks,  squares  and  public  places  with- 
in his  jurisdiction,  and  as  may  be  authorized 
by  the  municipal  assembly  and  provided  for 
by  the  proper  appropriation.  He  shiall,  sub- 
ject to  the  approval  cf  the  board,  fix  the  sal- 
aries of  his  appointees  withto  the  limits  of 
such  appropriation.  Each  commissioner  shall 
also  have  power  to  employ  all  of  the  me- 
chanics, agents  or  laborers  needed  or  requir- 
ed for  the  work  of  the  department  In  the 


parks,  squares  and  public  places  in  his  ju- 
risdiction within  the  limits  of  the  proper  ap- 
propriation, and  to  arrange  and  ciaesiify  the 
various  appointees  and  employes  in  such  man- 
ner and  under  such  titles  or  designations  as 
the  board  may  prescribe.  Each  commissioner 
shall  have  in  Immediate  charge  the  control 
and  disposition  of  such  members  of  the  police 
force  of  the  city  of  New  York,  as  constituted 
by  this  act.  as  may  be  assigned  for  duty  in 
the  parks,  squares  or  public  places  subjeot 
to  his  jurisdiction. 

Permits  to  bnildings  for  lire  apparatus 

Sec.  61,6.  Each  commissioner  is  hereby  au- 
thorized in  his  discretion,  on  the  application 
in  writing  of  the  fire  commissioner,  to  per- 
mit a building  or  'buildings  for  fire  apparatus 
to  be  placed  in  any  of  the  parks,  squares  or 
public  places  situated  within  the  jurisdiction 
of  such  commissioner  of  parks,  provided  the 
said  building  or  buildings  are  so  located  and 
constructed  as,  in  the  judgment  of  the  com- 
missioner granting  such  permission,  will  not 
disfigure  or  encumber  the  said  park,  square  or 
public  place,  or  interfere  with  the  purposes  of 
public  use  and  recreation,  but  will  tend  to  the 
protection  of  the  public  and  their  property. 

General  powers  of  commissioners  un- 
der former  acts. 

Sec.  616.  The  commissioner  for  the  boroughs 
of  Manhattan  and  Richmond  shall  in  addition 
to  the  powers,  rights  and  duties  expressly 
conferred  or  imposed  upon  him  by  this  act, 
possess  and  exercise  all  the  powers,  rights 
and  duties  and  shall  he  subject  to  all  the  obli- 
gations heretofore  vested  in.  conferred  upon 
or  required  of  the  corporation  known  as  the 
mayor,  alderman  and  commonalty  of  the  city 
of  New  York  or  the  department  of  parks  in 
said  city,  or  the  commissioners  of  parks,  or 
in  any  other  board,  body  or  officer  therein  or 
thereof,  or  in  any  commission,  commissioner, 
body,  board  or  officer  in  or  for  the  county  of 
Richmond,  so  far  as  such  powers,  rights, 
duties  and  obligations  concern  or  affect  the 
control,  care,  management,  government,  ex- 
tension, maintenance  or  administrative  juris- 
diction of  the  parks,  squares  and  other  public 
places  situated  or  lying  within  the  boroughs 
of  Manhattan  and  Richmond  or  either  of  them 
at  the  time  this  act  takes  effect  or  which  may 
thereafter  be  opened  or  established  therein, 
so  far  as  the  same  are  not  inconsistent  with 
this  act.  The  commissioner  for  the  borough 
of  the  Bronx  shall,  in  addition  to  the  powers, 
rights  and  duties  expressly  conferred  or  im- 
posed upon  him  by  this  act,  possess  and  ex- 
ercise all  the  aforesaid  powers,  rights,  duties 
and  shall  be  subject  to  all  the  aforesaid  ob- 
ligations so  far  as  such  powers,  rights,  du- 
ties and  obligations  concern  or  affect  the  care, 
management,  control,  government,  extension, 
maintenance  or  administrative  jurisdiction  of 
the  parks,  squares  and  other  public  places 
situated  or  lying  within  the  borough  of  the 
Bronx  at  the  time  this  act  takes  effect,  or 
which  may  thereafter  be  opened  or  estab- 
lished therein,  so  far  as  the  same  are  not  in- 
consistent v/ith  this  act.  The  commissioner 
for  the  boroughs  of  Brooklyn  and  Queens 
shall  in  addition  to  the  powers,  rights  and 
duties  expressly  conferred  or  imposed  upon 
him  by  this  act,  possess  and  exercise  all  the 
powers,  rights  and  duties  and  shall  be  subject 
to  all  the  obligations  heretofore  vested  in  or 
conferred  upon,  or  required  of  the  corporation 
known  as  the  city  of  Brooklyn,  or  the  depart- 
ment of  parks  in  and  for  said  city,  or  the  com- 
missioners of  parks,  or  any  commission,  com- 
missioner, body,  board  or  officer  of  said  city 
or  of  the  county  of  Kings,  or  in  any  commis- 
sioner, body,  board  or  officer  in  or  for  that 
portion  of  the  county  of  Queens  which  is  in- 
cluded in  the  city  of  New  York,  as  constituted 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


C3 


by  this  act,  so  far  as  such  powers,  rights, 
duties  and  obligations  concern  or  affect  the 
control,  care,  management,  gO'Vernment,  ex- 
tension, maintenance  or  administrative  juris- 
diction of  the  parks,  squares  and  other  public 
places  situated  or  lying  within  the  boroughs 
of  Brooklyn  and  Queens,  or  either  of  them, 
at  the  time  this  act  takes  effect,  or  which 
may  be  thereafter  opened  or  established  there- 
in, so  far  as  the  same  are  not  inconsistent 
with  this  act. 

Accounts;  annual  estimates;  expendi- 
tures. 

Sec.  617.  Each  commissioner  shall  keep  ac- 
curate and  detailed  accounts,  in  a form  ap- 
proved by  the  commissioners  of  accounts,  of 
all  moneys  received  and  expended  by  him, 
the  sources  from  which  they  are  received  and 
the  purposes  for  which  they  are  expended,  and 
shall  prepare  itemized  monthly  statements 
of  all  receipts  and  expenditures  in  duplicate, 
one  of  which  statements,  together  with  all 
vouchers,  shall  be  filed  with  the  controller, 
and  one  of  which  shall  be  filed  in  his  own 
office.  Each  commissioner  shall,  on  or  be- 
fore the  first  day  of  September  in  each  year 
prepare  an  itemized  estimate  of  his  necessary 
expenses  for  the  ensuing  fiscal  year  and  pre- 
sent the  same  to  the  board.  The  three  esti- 
mates so  prepared  as  revised  by  the  board 
shall  together  constitute  the  annual  estimate 
of  the  department  of  parks,  and  shall  be  sub- 
mitted to  the  board  of  estimate  and  apportion- 
ment within  the  time  prescribed  by  this  act  for 
the  submission  of  estimates  for  the  several 
departments  of  the  city.  No  commissioner 
shall  incur  any  expense  for  any  purpose  in 
excess  of  the  amount  appropriated  therefor; 
nor  shall  he  expend  any  money  so  appropriated 
for  any  purpose  other  than  that  for  which 
it  was  appropriated.  The  commissioner  for 
the  boroughs  of  Manhattan  and  Richmond 
shall  annually  include  in  his  estimate  of  the 
amount  necessary  for  the  maintenance  of  the 
parks,  the  sums  now  authorized  by  lav;  for 
the  maintenance  of  the  American  Museum  of 
Natural  History  and  the  Metropolitan  Museum 
of  Art,  not  exceeding,  however,  ninety-five 
thousand  dollars  per  annum  for  each  of  the 
said  museums.  It  s'hall  be  the  duty  of  the 
board  of  estimate  and  apportionment  and  of 
the  municipal  assembly  to  provide  in  the  an- 
nual budget  the  proportionate  part  of  the  ap- 
propriation for  the  department  of  parks  ap- 
plicable to  the  administration  of  the  depart- 
ment in  each  borough  of  the  city,  borough  by 
borough. 

Advertisements  for  snx>plies. 

Sec.  618.  The  board  shall  from  time  to  time 
as  may  be  necessary,  advertise  in  the  City 
Record  and  the  corporation  newspapers  for  not 
less  than  ten  days,  for  proposals  for  such  arti- 
cles and  supplies  as  shall  be  necessary  to  be 
used  in  the  parks,  squares  and  public  places 
of  the  city,  and  shall  award  contracts  for  the 
same  to  the  lowest  bidders  who  shail 
give  adequate  security  for  the  faithful  per- 
formance of  such  contracts,  excepting  such 
perishable  articles  as  may  be  excepted  by 
the  rules  and  regulations  of  the  board.  In 
case  of  an  emergency  each  commissioner  may 
purchase  articles  immediately  required  with- 
out calling  for  competition  at  an  expense 
not  exceeding  one  thousand  dollars  during 
any  one  month. 

Battery  place;  boat  landings. 

Sec.  619.  The  commissioner  for  the  bor- 
oughs of  Manhattan  and  Richmond  shall  have 
power  and  control  over  all  that  portion  of 
Battery  place  lying  south  of  the  line  of  the 
south  side  of  pier  No.  1,  North  river,  and 
west  of  the  easterly  line  of  West  street,  ex- 
tended in  a southerly  direction,  and  also  over 
the  waters  of  the  North  river  and  soil  under- 


the  waters  thereof,  in  front  of  said  portion 
of  Battery  place,  and  to  the  extent  of  two 
hundred  feet  westerly  from  the  westerly  end 
of  said  Battery  place;  and  it  shall  be  lawful 
for  such  commissioner  to  erect,  construct  and 
maintain  on  said  part  of  Battery  place,  and 
over  or  on  the  lands  under  water  before  men- 
tioned, suitable  buildings,  docks,  piers,  or 
basins  for  the  accommodation  of  small  boats 
that  may  be  engaged  in  the  business  of  at- 
tending on  shipping  lying  in  the  said  river,  or 
the  bay  or  harbor  of  New  York,  and  also  to 
make,  prescribe  and  enforce,  from  time  to 
time,  such  rules  and  regulations,  for  the  use 
and  enjoyment  of  the  same,  as  to  the  com- 
missioner shah  seem  meet  and  proper  for 
the  public  interest.  Such  commissioner  may 
also  prescribe  and  enforce  like  rules  and  or- 
dinances for  the  control  and  government  of 
all  small  boats  frequenting  or  using  the  water 
basin  at  the  south  end  of  the  Battery. 
Harlem  river  improvement. 

Sec.  620.  It  shall  be  the  duty  of  the  commis- 
sioner for  the  boroughs  of  Manhattan  and 
Richmond  to  continue  and  complete  every  and 
all  plan  or  plans,  work  or  construction,  respect- 
ing the  improvement  of  Harlem  river,  hereto- 
fore devolved  upon  the  department  of  public 
parks  of  the  corporation  known  as  the  mayor, 
aldermen  and  commonalty  of  the  City  of  New 
York,  by  chapter  five  hundred  and  thirty- 
four  of  the  laws  of  eighteen  hundred  and  sev- 
enty-one, and  by  all  acts  or  parts  of  acts 
amendatory  thereof,  so  far  as  the  same  re- 
main to  . be  continued  and  completed  accord- 
ing to  the  provisions  of  that  act  or  its  amend-  | 
ments. 

Sletropolitan  mraseam  of  art. 

Sec.  621.  The  commissioner  for  the  bor- 
oughs of  Manhattan  and  Richmond  is  hereby 
authorized  and  directed  to  continue  the  con- 
tract with  the  Metropolitan  Museum  of  Art 
for  the  occupation  by  it  of  the  buildings 
erected  or  to  be  erected  on  that  portion  of 
the  Central  park  east  of  the  old  receiving 
reservoir,  and  bounded  on  the  west  by  the 
drive,  on  the  east  by  the  Fifth  avenue,  on 
the  south  by  a continuation  of  Eightieth 
street,  and  on  the  north  by  a continuation  of 
Eighty-fifth  streef,  and  for  transferring  there- 
to, and  establl'shing,  and  maintaining  therein 
its  museum,  library,  and  collections,  and  car- 
rying out  the  objects  and  purposes  of  the 
said  Museum  of  Art. 

American  mnsenm  of  natnral  history. 

Sec.  622.  The  commissioner  for  the  bor- 
oughs of  Manhattan  and  Richmond  is  hereby 
authorized  and  directed  to  continue  the  con- 
tract with  the  American  Museum  of  Natural 
History  for  the  occupation  by  it  of  the  build- 
ing erected,  or  to  be  erected,  on  that  portion 
of  the  Central  park  formerly  known  as  Man- 
hattan square,  and  for  establishing  and  main- 
taining therein  its  museums,  library  and  col- 
lections, and  carrying  out  the  objects  and 
purposes  of  said  museum. 

New  York  pablic  librax-y. 

Sec.  623.  Whenever  pursuant  to  lawful  au- 
thority, the  land  at  present  occupied  by  the 
reservoir  at  Fifth  avenue  and  Fortieth  and 
Farty-eeccoid  streets  shall  be  made  a public 
park,  and  the  removal  of  said  reservoir  shall 
have  been  duly  authorized  and  directed,  the 
commissioner  for  the  boroughs  of  Manhattan 
and  Richmond  is  hereby  authorized  and  di- 
rected to  make  and  enter  into  a contract  with 
the  New  York  public  library,  Astor,  Lenox 
and  Tilden  foundations,  a corporation  duly 
organized  under  the  laws  of  this  state,  tor 
the  use  and  occupation  of  said  land,  or  of  any 
part  thereof,  by  the  said  corporation  and  its 
succesisors,  for  establishing  and  maintaining 
thereon  a free  public  library  and  reading 


room,  and  for  carrying  out  the  objects  and 
purposes  of  said  corporation  in  accordance 
wl'th  the  provisons  oif  the  agreement  of  con- 
solidation between  the  trustees  of  the  Astor 
library,  of  the  Lenox  library  and  of  the  Til- 
den  trust,  and  the  several  acts  incorporating 
the  said  several  corporations;  and  said  con- 
tract may  provide  that  such  use  and  occupa- 
tion shall  continue  so  long  as  the  said  the 
New  York  public  library,  Astor,  Lenox  and 
Tilden  foundations,  or  its  successo.rs,  shall 
maintain  such  free  public  library  and  reading 
room  upon  said  land. 

Brooklyn  institnte  of  arts  and  sciences 

Sec.  624.  The  commissioner  for  the  boroughs 
of  Brooklyn  and  Queens  is  hereby  authorized 
and  directed  to  continue  the  contract  and 
lease  with  the  Brooklyn  Institute  of  Arts  and 
Screnices,  for  the  occupation  by  it  of  park 
lands  and  of  a building  or  buildings  erected  or 
to  be  erected  on  that  portion  of  Prospect  park 
bounded  by  the  Eastern  parkway  on  the  north, 
Washington  avenue  on  the  east,  a line  paral- 
lel to  Old  President  street,  and  one  hundred 
feet  south  of  the  southerly  line  of  said  street, 
on  the  south,  and  on  the  west  by  the  easterly 
line  of  land  reserved  for  the  Prospeet  hill 
reservoir,  and  in  conitinuation  thereof,  for 
establishing  and  maintaining  therein  its  mu- 
seum, library  and  collections,  and  for  carry- 
ing out  the  plans  and  purposes  of  said  insti- 
tute and  for  the  maintenance  of  said  museum 
building  or  buildings,  and  for  the  keeping, 
preservation  and  exhibition  of  collections 
placed  therein,  a sum  net  less  than  twenty 
thousand  dollars  shall  be  appropriated  annu- 
ally by  tbe  said  city  of  New  York,  as  consti- 
tuted by  this  act. 

New  York  botanical  garden. 

Sec.  625.  The  commissioner  for  the  bor- 
ough of  the  Bronx  is  hereby  authorized  ami 
directed  to  carry  out  the  existing  contract 
made  by  and  between  the  department  of  parks 
of  the  corporation  heretofore  known  as  the 
mayor,  aldermen  and  commonalty  of  the  city 
of  New  York  and  the  board  of  managers  of 
the  corporation  known  as  the  New  York  bo- 
tanical garden  pursuant  to  the  provisions  of 
chapter  two  hundred  and  eighty-five  of  the 
laws  of  eighteen  hundred  and  ninety- 
one,  entitled  ‘‘An  act  to  provide  for  the 
establishment  of  a botanic  garden  and  museum 
and  arboretum  in  Bronx  park  in  the  city  of 
New  York  and  to  incorporate  the  New  York 
botanical  garden  for  carrying  on  the  same,’’ 
as  amended  by  chapter  103  of  the  laws  of  1894, 
which  contract  provides  for  the  allotting  and 
setting  apart  for  the  uses  of  said  garden 
of  two  hundred  and  fifty  acres  of  land  or 
less  in  the  northern  part  of  Bronx  park 
as  shown  upon  a certain  map  thereof  num- 
bered five  hundred  and  sixty-eight,  and  sign- 
ed by  Messrs.  Vaux  and  Parsons,  and  filed 
with  the  former  department  of  public  parks 
of  tbe  corporation  known  as  the  mayor,  al- 
dermen and  commonalty  of  tbe  city  of  New 
York. 

New  York  zoological  gardeu. 

Sec.  626.  The  commissioner  for  the  borough 
of  the  Bronx  is  hereby  authorized  and  directed 
to  carry  out  the  contract  made  by  and  between 
the  department  of  public  parks  and  the  sink- 
ing fund  commissioners  of  the  corporation 
heretofore  knowm  as  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New  York,  with 
the  board  of  managers  of  the  coi-poration 
knowm  as  the  New  York  Zoological  society, 
pursuant  to  the  provisions  of  chapter  four 
hundred  and  thirty  five  of  the  laws  of  eighteen 
hundred  and  ninety-five,  entitled  “An  act  to 
incorporate  the  New  York  Zoological  society 
and  to  provide  for  the  establishment  of  a 
zoological  garden  in  the  city  of  New  York’’ 
i if  such  a contract  shall  have  been  entered 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK, 


ei 


Into  prior  to  tie  passage  of  this  act.  If  no 
suci  contract  stall  have  been  entered  into 
by  the  said  department  of  parks  and  the 
said  sinking  fund  commissioners  prior  to  the 
paseagM  of  this  act,  then  and  in  that  case 
the  said  commissioner  for  the  borough  of 
the  Bronx  with  the  consent  and  approval  of 
the  sinking  fund  commissioners  of  the  city 
of  New  York,  as  constituted  by  this  act, 
is  hereby  authorized  to  enter  into  a contract 
In  behalf  of  the  city  of  New  York  with  said 
New  York  Zoological  society  allotting  and  set- 
ting apart  for  the  use  of  said  society  a tract 
of  land  in  Bronx  park  In  said  borough  of  the 
Bronx  upon  such  terms  and  conditions  as 
ehall  be  approved  by  the  said  commissioner 
and  said  sinking  fund  commissioners. 

Military  encampments  and.  evolntlons; 

pnlblic  fairs. 

Sec.  627,  No  military  encampment,  parade, 
drill,  review  or  other  military  evolution  or 
exercise,  shall  be  held  or  performed  in  any 
park,  or  any  part  thereof;  nor  shall  any  mil- 
itary company,  regiment  or  other  military 
body  enter  or  move  in  military  order  within 
any  park  without  permit  from  the  commis- 
sioner within  whose  jurisdiction  such  park  is 
situated.  No  military  officer  shall  have  au- 
thority to  order,  direct,  or  hold  any  such 
parade,  drill,  review,  or  other  evolutions  or 
exercise  or  encampment  within  any  park,  ex- 
cept in  case  of  riot,  insurrection,  rebellion  or 
war,  without  such  permit.  It  shall  not  be 
lawful  to  grant,  use  or  occupy,  for  the  pur- 
poses of  a public  fair  or  exhibition,  any  por- 
tion of  any  park,  square  or  public  place. 

TITLE  2. 

ART  COMMISSION. 

Art  commission;  bow  constitntecl. 

Sec.  633.  There  shall  be  an  art  commission 
for  the  city  of  New  York  composed  as  fol- 
lows: 

The  mayor  of  the  city  of  New  York,  ex- 
effleio. 

2.  The  president  of  the  Metropolitan  Muse- 
um of  art,  ex-officio. 

3.  The  president  of  the  New  York  Public 
library — (Astor,  Lenox  and  Tilden  founda- 
tions), ex-officio. 

4.  The  president  of  the  Brooklyn  Institute 
of  Arts  and  Sciences,  ex-offioio. 

One  painter,  one  sculptor  and  one  archi- 
tect, all  residents  of  the  city  of  New  York; 
and  three  other  residents  of  said  city,  none 
cf  whom  shall  be  a painter,  sculptor  or  archi- 
tect or  member  of  any  other  profession  in  the 
fine  arts.  All  of  the  six  last  mentioned  shall 
be  appointed  by  the  mayor  from  a list  of  not 
less  than  three  times  the  number  to  be  ap- 
pointed proposed  by  the  Fine  Arts  federation 
cf  New  York. 

In  all  matters  of  which  such  commission 
takes  cognizance  pertaining  to  work  under 
the  special  charge  of  a commissioner  or  de- 
partment, the  commissioner  having  such  ijpec- 
lal  charge  shall  act  as  a member  of  the  com- 
mission. 

Members  of  commission;  bow  cbosen; 

vacancies,  etc. 

Sec.  634.  The  painter,  sculptor  and  archi- 
tect, members  of  the  commission,  shall  choose 
by  lot  one,  two  and  three  year  terms  of 
office;  the  three  other  appointed  members  of 
the  commission  shall  also  choose  by  lot  one, 
two  and  three  year  terms  of  office,  and  the  ap- 
pointment of  their  successors,  after  the  ex- 
piration of  the  first  year  of  this  commission, 
shall  be  for  a term  of  three  years.  All  ap- 
pointments to  fill  vacancies  shall  be  for  the 
unexpired  term. 

In  case  any  vacancy  shall  occur  in  the  com- 
mission, by  reason  of  death,  resignation,  in- 
mtpacity,  refusal  to  serve,  or  otherwise,  the 


vacancy  shall  be  filled  by  appointment,  as 
provided  in  section  633  of  this  act.  In  case 
the  Fine  Arts  federation  shall  fail  to  pre- 
sent a list  of  nominees  as  aforesaid  within 
three  months  from  the  time  when  any  ap- 
pointment is  to  be  made,  the  mayor  shall 
appoint  without  such  nomination. 

Officers. 

Sec.  635.  The  commission  shall  serve  with- 
out compensation  as  such,  and  shall  elect 
a president,  vice  president  and  secretary 
from  its  own  members,  whose  terms  of  office 
shall  be  for  one  year  and  until  their  suc- 
cessors are  elected  and  have  qualified.  The 
commission  shall  have  power  to  adopt  its  own 
rules  of  procedure.  Five  commissioners  shall 
constitute  a quorum. 

Offices  to  be  provirted;  expenses,  bow 

met. 

Sec.  636.  Suitable  offices  shall  be  provided 
for  the  commission  by  the  board  of  estimate 
and  apportionment.  The  expenses  of  the 
commissioai  shall  be  paid  by  the  city;  the 
amount  of  the  same  shall  be  fixed  annually 
by  the  board  of  estimate  and  apportionment 
and  the  municipal  assembly. 

All  works  of  art  to  be  submitted  to 

and  approved  by  tbe  commission. 

Sec.  637.  Hereafter  no  worK  of  art  shall  be- 
come the  property  of  the  city  of  NeV  York 
by  purchase,  gift  or  otherwise,  unless  such 
work  of  art  or  a design  of  the  same,  togethei 
with  a statement  of  the  proposed  location  of 
such  work  of  art,  shall  first  haye  b.een-,  syh-- 
mitted  to  and  approved 'by  the  commission; 
nor  shall  such  work  of  art,  until  so  approved, 
be  erected  or  placed  in  or  upon,  or  allowed 
to  extend  over  or  upon  any  street,  avenue, 
square,  common,  park,  municipal  building  or 
other  public  place  belonging  to  the  city.  The 
commission  may,  when  they  deem  proper, 
also  require  a complete  model  of  the  pro- 
posed work  of  art  to  he  submitted.  The  term 
“work  of  art”  as  used  in  this  title  shall  apply 
to  and  include  all  paintings,  mural  decora- 
tions, stained  glass,  statues,  bas-reliefs  or 
other  sculptures,  monuments,  fountains, 
arches  or  other  structures  of  a permanent 
character,  intended  for  ornampnt  or  commem- 
oration. No  existing  work  of  art  in  the  pos- 
session of  the  city  .shall  be  removed,  relocated 
or  altered  in  any  way  without  the 
similar  approval  of  the  commission,  ex- 
cept as  provided  in  section  639  of  this 
act.  ■^Tien  so  requested  by  the  mayor 
or  the  municipal  assembly  the  commission 
shall  act  in  a similar  capacity,  with  simihar 
powers,  in  respect  of  the  designs  of  muni- 
pal  buildings,  bridges,  approaches,  gates, 
fences,  lamps  or  other  structures  erected  or 
to  be  erected  upon  land  belonging  to  the  city, 
and  in  respect  of  the  lines,  grades  and  plot- 
ting of  public  ways  and  grounds,  and  in  re- 
snect  of  arches,  bridges,  structures  and  ap- 
proaches which  are  the  property  of  any  corpo- 
ration or  private  individual  and  which  shall  ex- 
tend over  or  upon  any  street,  avenue,  highway, 
park  or  public  place  belonging  to  the  city. 
But  this  section  shall  not  be  construed  as 
intended  to  impair  the  power  of  the  park 
board  to  refuse  its  consent  to  the  erection  or 
acceptance  of  public  monuments  or  memo- 
rials or  other  works  of  art  of  any  sort 
within  any  park,  square  or  public  place  in 
the  city. 

Time  for  decision  limited. 

Sec.  638.  If  the  commission  shall  fail  to  de- 
cide upon  any  matter  submitted  to  it  within 
sixty  days  after  such  submission,  its  decision 
shall  be  deemed  unnecessary. 

Removal  or  relocation  of  works  of  art; 

daty  of  commission. 

Sec.  639.  In  case  of  the  immediate  removal 


or  re-location  of  any  existing  work  of  art  shall 
be  deemed  neces.sary  by  the  mayor,  the  com- 
mission shall  within  forty-eight  hours  after 
notice  from  him  approve  or  disapprove  of  such 
removal  or  re-location,  and  in  case  of  their 
failure  so  to  act  within  forty-eight  hours 
after  the  receipt  of  such  notice,  they  shall  be 
deemed  to  have  approved  of  the  same. 

CHAPTER  XII. 

DEPARTMENT  OF  BUILDINGS. 

Appointment  of  commissioners;  quall- 

iientions;  jnrisdief  ion  : salaries. 

Sec.  644.  The  head  of  the  department  of 
buildings  shall  be  called  the  board  of  build- 
ings. Said  board  shall  consist  of  three  members 
to  be  known  as  commissioners  of  buildings. 
They  shall  be  appointed  by  the  mayor  and 
shall  hold  their  respective  offices  as  provided 
in  chapter  IV  of  this  act.  Each  of  said  com- 
missioners shall  he  a competent  architect  or 
builder  of  at  least  ten  years’  experience.  One 
of  said  commissioners  shall  be  the  president 
of  the  board,  and  shall  be  so  designated  by  the 
mayor.  In  appointing  such  commissioners  the 
mayor  shall  specify  the  borough  or  boroughs 
in  which  they  are  respectively  to  have  ad- 
ministrative jurisdiction,  to  wit:  One  in  the 
boroughs  of  Manhattan  and  the  Bronx;  one  in 
;the  borough  of  Brooklyn,  and  one  in  the  bor- 
oughs of  Queens  and  Richmond.  The  princi- 
pal office  of  the  department  of  buildings  shall 
be  in  the  borough  of  Manhattan.  There  shall 
be  a branch  office  in  the  borough  of  Brooklyn 
and  a branch  office  may  be  established  in  any 
of  the  other  boroughs,  in  the  discretion  of  the 
hoard.  The  salary  of  the  commissioner  of 
buildings  for  the  boroughs  of  Manhattan  and 
the  Bronx,  and  the  salary  of  the  commissioner 
of  buildings  for  the  borough  of  Brooklyn,  shall 
in  each  case  be  $7,000  a year.  The  salary  of  the 
commissioner  of  buildings  for  the  boroughs  of 
Queens  and  Richmond  shall  be  $3,500  a year. 
Rules  and  regulations. 

Sec.  645.  The  board  shall  have  the  power, 
by  a vote  of  a majority  of  its  members,  to  es- 
tablish general  rules  and  regulations  for  the 
administration  of  the  department,  and  such 
other  rules  and  regulations  as  were  authorized 
by  law  at  the  time  of  the  passage  of  this  act 
to  be  established  by  the  superintendent  of 
buildings  in  the  city  of  New  York,  or  by  the 
commissioner  of  the  department  of  buildings 
in  the  city  of  Brooklyn,  as  said  cities  were 
formerly  constituted.  Such  rules  and  regula- 
tions shall,  so  far  as  practicable,  be  uniform 
in  all  the  bcrcughs,  but  the  board  shall  have 
power,  from  time  to  time,  to  amend  or  repeal 
such  rules  and  regulations  when  in  the  opin- 
ion of  a majority  of  the  commissioners  it 
shall  seem  necessary  or  desirable.  The  board 
shall  also  have  power  to  appoint  a secretary, 
and  within  the  limits  of  its  appropriation  to 
appoint  such  subordinate  officers  as  may  be 
necessary  for  the  proper  conduct  of  the  office 
of  the  department. 

General  power.s  of  commissioners  un- 

tier  existing'  laws. 

Sec.  646.  The  commissioner  for  the  boroughs 
of  Manhattan  and  the  Bronx  shall  within  such 
boroughs  in  addition  to  the  powers,  rights 
and  duties  expressly  conferred  or  imposed 
upon  him  by  this  act  possess  and  exercise  all 
the  powers,  rights  and  duties  and  shall  be 
subject  to  all  the  obligations  heretofore  vested 
in,  conferred  upon  or  required  of  the  depart- 
ment of  buildings  or  the  superintendent  of 
buildings  in  the  city  of  New  York  as  hereto- 
fore constituted,  exo'ep{  in  so  far  as  the  same 
are  inconsistent  with  or  are  modified  by  this 
act.  The  commissioner  for  the  borough  of 
Brooklyn  snail  within  such  borough  in  addi- 
tion to  the  powers,  rights  and  duties  express- 
ly conferred  or  imposed  upon  him  by  this  act 


TH^  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


on 


po.ssess  and  exercise  all  the  powers,  rights 
and  duties,  and  shall  be  subject  to  all  the 
obligations  heretofore  vested  in,  conferred 
upon  or  required  of  the  department  of  build- 
ings in  the  City  of  Brooklyn  as  heretofore 
constituted,  except  in  so  far  as  the  same  are 
inconsistent  with  or  are  modified  by  this  act. 
The  commissioner  for  the  boroughs  of  Queens 
and  Richmond  shall  within  such  boroughs  re- 
spectively in  addition  to  the  powers,  rights 
and  duties  expressly  conferred  or  imposed 
upon  him  by  this  act  possess  and  exercise  all 
the  powers,  rights  and  duties  and  shall  be 
subject  to  all  the  obligations  heretofore  vested 
in,  conferred  upon  or  required  of  any  depart- 
ment, commission,  board  or  officer  of  Long 
Island  City  as  heretofore  constituted,  or  of 
any  town  or  village  as  heretofore  constituted 
•which  is  comprised  within  that  portion  of  the 
county  of  Queens  included  in  the  city  of  New 
York  as  constituted  by  this  aet,  or  which  is 
vested  in,  conferred  upon  or  required  of  any 
department,  commission,  board  or  officer  of 
any  town  or  village  in  the  county  of  Rich- 
mond as  heretofore  constituted,  so  far  as 
such  po-wers,  rights,  duties  and  obligations 
concem,  affect  or  relate  to  the  construction, 
alteration  or  removal  of  any  building  or 
structure  erected  or  to  be  erected  within  said 
boroughs  or  either  of  them,  except  in  so  far 
as  the  same  are  inconsistent  with  or  are 
modified  by  this  act. 

Continuation  and  repeal  of  existing 
laws:  building  code. 

Sec.  647.  The  several  acts  in  effect  at  the 
time  of  the  passage  of  this  act  concerning, 
affecting  or  relating  to  the  construction,  al- 
teration or  removal  of  buildings  or  other 
structures  in  any  of  the  municipal  and  public 
corporations  included  within  the  city  of  New 
York,  as  constituted  by  this  aet,  are  hereby 
continued  in  full  force  and  effect  in  such  mu- 
nicipal and  public  corporations  respectively, 
except  in  so  far  as  the  same  are  inconsistent 
•with  or  are  modified  by  this  act,  provided, 
however,  that  the  municipal  assembly  shall 
have  power  to  establish,  and  from  time  to 
time  to  amend  a code  of  ordinances,  to  be 
known  as  tht  Building  Code,  providing  for 
all  matters  concerning,  affecting  or  relating 
to  the  construction,  alteration  or  removal  of 
buildings  or  structures  erected  or  to  be  erect- 
ed in  the  city  of  New  York,  as  constituted 
by  this  act,  and  for  the  purpose  of  preparing 
sucn  code  to  appoint  and  employ  a commis- 
sion of  experts;  and  provided  further  that 
upon  the  establishment  of  such  code  the  sev- 
eral acts  first  above  mentioned  shall  cease  to 
have  any  force  or  effect,  and  are  hereby  re- 
pealed, but  such  repeal  shall  not  take  effect 
until  such  building  code  shall  be  estab- 
lished by  the  municipal  assembly  as  herein 
provided. 

The  provisions  of  such  building  code 
shall  be  in  conformity  with  and  be  subject  to 
all  general  laws  of  the  state  concerning,  af- 
fecting or  relating  to  buildings  or  classes  of 
buildings,  or  other  structures. 


Unties  of  comnii.<<sioiier.<( ; appointment 

and  removal  of  snbordinate:^. 

Sec.  648.  Each  commissioner  shall,  within 
the  borough  or  boroughs  in  which  he  is  ap- 
pointed to  exercise  administrative  jurisdic- 
tion, have  charge  of  the  administration  of, 
and  it  shall  be  his  duty,  subject  to  and  in 
accordance  with  the  general  rules  and  regu- 
lations established  by  the  board,  to  enforce 
such  rtlles  and  regulations  and  the  pro- 
visions of  this  chapter  and  of  such  ordi- 
nances as  may  be  established  by  the  mu- 
nicipal assembly  and  of  the  laws  relating 
to  the  coDstru-ction,  alteration  or  removal  of 
buildings  or  other  structures  erected  or  to 
l>e  erected  within  such  borough  or  boroughs. 


Each  commissioner  within  the  lim.its  of  his 
appropriation  shall  have  power  to  appoint 
and  at  pleasure  to  remove  subordinate  offi- 
cers, as  follows:  Such  superintendents  of 
buildings,  and  such  inspectors  of  buildings, 
engineers,  clerks,  messengers,  as.,sistants  and 
other  subordinates  as  in  his  judgment  may  be 
necessary  and  proper  to  carry  out  and  enforce 
such  ruies  and  regulations  and  ordinances 
and  the  provisions  of  said  laws  and  of  this 
chapter  within  the  borough  or  boroughs  un- 
der his  jurisdiction.  The  superintendents  of 
buildings  shall  each  be  a competent  archi- 
tect, ^engineer  or  builder  of  at  least  ten 
years’  practice.  The  inspectors  shall  be  com- 
petent men,  either  architects,  engineers,  ma- 
sons, carpenters,  plumbers  or  irooi  workers, 
who  shall  have  served  at  least  five  years  as 
such.  It  shall  not  be  lawful  for  any  officer, 
or  employe  in  the  department  to  be  engaged 
in  conducting  or  carrying  on  business  as  an 
architect,  civil  engineer,  carpenter,  plumber, 
iron  worker,  mason  or  builder  while  holding 
office  in  the  department.  Each  commissioner 
shall  have  power  to  designate  in  writing  one 
of  the  superintendents  of  buildings  or  any  of 
the  inspectors  so  appointed  by  him  to  act 
on  any  survey  authorized  by  law,  or  to  per- 
form such  other  duties  as  the  said  commis- 
sioner may  direct.  Each  commissioner  may 
designate  a superintendent  of  buildings,  who, 
during  the  absence  or  inability  of  such  com- 
missioner shall  possess  all  the  powers  and 
pel  form  all  the  duties  of  such  commissioner. 
Any  employe,  for  any  neglect  of  duty,  or 
omission  to  properly  perform  his  duty  for 
violation  of  rules,  or  neglect  .or  disobed  ience 
of  orders,  or  incapacity,  or  absence  without 
leave,  may  be  punished  by  the  commissioner 
appointing  him  by  forfeiting  and  wuthhold- 
ing  pay  for  a specified  time,  or  by  suspens>ion 
frop  duty  with  or  without  pay;  but  this  pro- 
vision shall  not  be  deemed  to  abridge  the 
right  of  said  commissioner  to  remove  or  dis- 
miss any  in.spector  of  buildings  or  other  sub- 
ordinate appointed  by  him  or  by  any  prede- 
cessor in  office  from  the  service  of  the  de- 
partment at  any  time  in  his  discretion. 
Deeisi<>n.<»  of  commissioners;  npxienls. 

Sec.  649.  Each  commissioner  shall  have 
power  and  it  shall  be  his  duty,  subject  to  the 
provisions  of  law  and  the  ordinances  of  the 
municipal  assembly  and  the  general  rules  and 
I regulations  established  by  the  board,  to  pass 
upon  any  quesitiou  relative  to  the  mode,  man- 
ner of  construction  or  materials  to  be  used 
in  the  erection  or  alteration  of  any  building 
or  other  structure  erected  or  to  be  erected 
within  the  borough  or  boroughs  under  his 
jurisdiction  which  is  included  within  the 
provisions  of  this  chapter  or  of  any  existing 
law  applicable  to  such  borough  or  boroughs 
relating  to  the  construction,  alteration  or  re- 
moval of  buildings  or  other  structures,  and  to 
require  that  such  mode,  manner  of  construc- 
tion, or  raaterials  shall  conform  to  the  true 
intent  and  meaning  of  the  several  provisions 
of  this  chapter  and  of  the  laws  and  ordinances 
aforesaid  and  the  rules  arid  regulations  estab- 
lished by  the  board,  -WTienever  a commission- 
er to  w'hom  such  question  has  been  submitted 
shall  reject  or  refuse  to  approve  the  mode 
manner  of  construction  or  materials  pro.posed 
to  be  followed  or  used  in  the  erection  or  al- 
teration of  any  such  building  or  structure 


thousand  dollars;  provided,  however,  that  in 
the  boroughs  of  Manhattan  and  the 
Bronx  such  appeal  shall  be  taken  to  the 
beard  of  examiners,  established  by  chapter 
four  hundred  and  fifty-six  of  the  laws  of 
eighteen  hundred  and  eighty-five  and  the 
several  acts  amendatory  thereof  or  supple- 
mental thereto.  The  commissioner  for  the  bor- 
ough,s of  Manhattan  and.  the  Bronx  shall  be 
ex-officio  a member  and  the  chairman  of  said 
board  of  e.xaiuiners.  The  other  mem'oers  of 
said  board  of  examiners  shall  be  the  persons 
mentioned  and  described  in  section  thirty-one 
of  said  chapter  four  hundred  and  fifty-six  of 
the  laws  of  eighteen  hundred  and  eighty- 
five  and  the  several  acts,  amendatory  thereof 
or  supplemental  thereto.  The  appeal  author- 
ized by  this  section  may  be  taken  w'ithin  ten 
days  from  the  entry  of  a decison  upon 
the  records  of  the  commissioner  by  filing 
with  the  commissioner  rendering  such  decis° 
ion  and  with  the  secretary  of  the  board  estab- 
lished by  this  act  or  with  the  clerk  of  the 
board  of  examiners,  as  the  case  may  be, 'a  no- 
tice of  appeal  stating  specifically  the  ques- 
tions which  the  appellant  desires  to  have 
passed  upon  by  the  board  of  buildings  or  by 
the  board  of  examine.rs,  as  the  case  may  be, 
and  by  filing  with  the  secretary  of  the  board 
of  buildings  or  the  clerk  of  the  board  of  ex- 
aminers, as  the  case  may  be,  copies  of  ail  pa- 
pers required  by  law  or  by  the  rules  and  regu- 
lations of  the  hoard  of  buildings  to  be  sub- 
mitted to  the  commissioner  upon  an  applica- 
tion for  a building  permit,  and  the  board  of 
buildings  or  the  board  of  examiners,  as  the 
case  may  be,  shall  thereafter  fix  a day  within  - 
a reasonable  time  for  the  hearing  of  such 
appeal,  and  upon  such  hearing  the  appellant 
may  be  represented  either  in  person  or  by  his 
agent  o-r  attorney.  The  decision  of  the  board 
of  buildings  or  the  boa.rd  of  examiners,  as  the 
case  may  be,  upon  such  appeal, 'shall  be  ren- 
dered without  uuuecessary  delay  and  such  de- 
cision shall  be  final. 

Power  to  vary  the  provisions  of  law. 

Sec.  650.  Each  commissioner  shall  have  pow- 
er, with  the  approval  of  the  board,  to  vary  or 
modify  any  rule  or  regulation  of  the  board  or 
the  provisions  of  this  chapter  or  of  any  exist- 
ing law  or  ordinance  relating  to  the  construc- 
tion, alteration  or  removal  of  any  building  or 
structure  erected  or  to  be  erected  within^his 
jurisdiction  upon  an  application  to  him  there- 
for in  writing  by  the  owner  of  such  building 
or  structure  or  his  duly  authorized  agenL 
where  there  are  practical  difficulties  in  the 
way  of  carrying  out  the  strict  letter 
of  the  law,  so  that  the  spirit  of  the 
law  shall  be  observed  and  public  safe- 
ty secured  and  substantial  justice  done; 
but  no  such  variation  or  modification  shall  bo 
granted  or  allowed  except  by  a vote  of  a ma- 
jority of  the  board.  -Where  such  appli- 
cation has  been  filed  with  a commissioner  the 
owner  of  such  building  or  structure  or  his 
duly  authorized  agent  shall  have  the  right 
to  present  a petition  to  such  commissioner 
and  the  board,  setting  forth  the  grounds 
for  the  desired  var'atfon  or  modification,  and 
may  appear  before  said  board  and  be  heard. 
The  board  shall  fix  a date  within  a reasonable 
time  for  a hearing  upon  such  application  and 
shall  as  soon  as  practicable  render  a decision 
thereon,  which  decision  shall  be  final.  The 


or  when  it  is  claimed  that  the  rules  and  reg-  particulars  of  each  such  application  and  of  the 
u atioms  of  the  board  or  the  provisions  of  law  I decision  of  the  board  thereon  shall  be  entered 
or  o said  ordinances  do  no't  apply  or  that  ; upon  the  records  of  the  board,  and  if  the  aonli- 
an  equally  good  and  more  desirable  form  of  cation  is  granted  a certificate  therefor  shall 
con^timction  can  be  employed  in  any  specific  | be  issued  by  the  commissioner  to  whom  the 
case  the  owner  of  such  building  or  stmeture.  I application  is  made  and  shall  be  countersigned 
or  his  duly  authorized  agent,  may  appeal  i by  the  secretan’  of  the  board, 
from  the  decision  of  such  commissioner  to  the  ' a ^ * 

board  in  any  case  where  the  amount  involved  i turen  ' estimates;  expendi- 

by  such  decision  shall  exceed  the  sum  of  one  I §ec.  651.  Each  commissioner  shall  keep  ac- 


CG 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


• 

curate  and  detailed  accounts,  in  a form 
approved  by  the  commissioners  of  ac- 
counts, of  all  moneys  received  and  ex- 
pended by  him,  the  sources  from  which 
they  are  received  and  the  purpo  ses  for 
w'iiich  they  are  expended,  an3  shall  prepare 
itemized  monthly  statements  of  all  receipts 
and  expenditures  in  duplicate,  one  of  which 
siatements,  together  with  all  vouchers,  shall 
be  filed  with  the  controller,  and  one  of  which 
shall  be  filed  in  his  own  office.  Each  com- 
missioner shall,  on  or  about  the  first  day  of 
September  in  each  year  prepare  an  itemized 
estima'te  of  his  necessary  expenses  for  the 
ensuing  fiscal  year  and  present  the 

same  to  the  board.  The  three  esti- 
mates so  prepared  as  revised  by  the 
board  shall  together  constitute  the  annual 
estimate  of  the  department  of  buildings,  and 
shall  be  submitted  to  the  board  of  estimate 
and  apportionment  within  the  time  prescribed 
by  this  act  for  the  submission  of  estimates 
for  the  several  departments  of  the  city.  No 
commissioner  shall  incur  any  expense  for  any 
purpose  in  excess  of  the  amount  appropriated 
therefor;  nor  snail  he  expend  any  money 
so  appropriated  for  any  purpose  other  than 
that  for  which  it  was  appropriated. 

Record  of  npi>lieaf ions. 

Sec.  652.  Each  commissioner  shall  keep  a 
record  of  all  applications  presented  to  him 
concerning,  affecting  or  relating  to  the  con- 
struction, alteration  or  removal  of  buildings 
or  other  structures.  Such  record  shall  include 
the  date  of  the  filing  of  each  such  application; 
the  name  and  address  of  the  applicant;  the 
name  and  address  of  the  owner  of  the  land  on 
which  the  structure  mentioned  in  such  appli- 
cation is  situated;  the  names  and  addresses 
of  the  architect  and  builder  employed  there- 
on; a designation  of  the  premises  by  street 
number,  or  otherwise  sufUoient  to  . identify 
the  same;  a statement  of  the  nature  and  pro- 
posed use  of  such  structure;  and  a brief 
statement  of  the  nature  of  the  application, 
together  with  a memorandum  of  the  decision 
of  the  commissioner  upon  such  application 
and  the  date  of  the  rendition  of  such  decision. 
The  books  containing-such  records  are  hereby 
declared  to  be  public  records,  and  shall  be 
open  to  inspection  at  ail  reasonable  times. 

CHAPTEE  XIII. 

DEPARTMENT  OF  PUBLIC  CHARITIES. 

Jiirisiliction;  .salary. 

'Sec.  658.  The  head  of  the  department  of  pub- 
lic charities  shall  be  called  the  board  of  pub- 
lic charities.  Said  board  shall  consist  of  three 
commissioners,  who  shall  be  designated  com- 
missioners of  public  charities  of  the  city  of 
New  York.  They  shall  be  appointed  by  the 
mayor  and  hold  their  respective  offices,  as 
provided  in  chapter  IV  of  this  act.  One  of 
said  comimissi oners  shall  be  the  president  of 
said  board,  and  shall  be  so  designated  by  the 
mayor.  In  appointing  such  commissioners 
the  mayor  shall  specify  the  borough  or  bor- 
oughs in  which  they  are  respectively  to 
have  administraitive  jurisdiction,  to  wit:  One 
in  the  boroughs  of  Manhattan  and  the  Bronx; 
one  in  the  boroughs  of  Brooklyn  and  Queens; 
one  in  the  borough  of  Richmond.  The  salary 
of  the  commissioner  for  the  boroughs  of  Man- 
hattan and  the  Bronx,  and  of  the  commis- 
sioner for  the  boroughs  of  Brooklyn  and 
Queens  shall  in  each  case  be  seven  thousand 
five  hundred  dollars  a year.  The  salary  of 
the  commissioner  for  the  horough  of  Rich- 
mond shall  be  two  thousand  five  hundred  dol- 
lars a year.  The  principal  office  of  the  de- 
partment Shall  be  in  the  borough  of  Manhat- 


tan. There  shall  be  a branch  office  in  each  of 
the  other  boroughs. 

Rules  and  regulations;  subordinate 
oflieers. 

Sec.  659.  The  said  board  shall  by  a vote  of 
a majority  of  its  members  have  power  to  es- 
tablish general  rules  and  regulations  for  the 
administration  of  the  department  and  the 
government  of  the  institutions  under  the 
jurisdiction  of  said  several  commissioners,  ex- 
cept the  institutions  specified  in  section  661 
of  this  act,  and  such  general  rules  and  regu- 
lations shall  be  so  far  as  practicable  uniform 
in  all  the  boroughs.  Subject  to  such  general 
rules  and  regulations  each  commissioner  shall 
have  jurisdiction  over  the  several  classes  of 
public  institutions  hereinafter  specified  which 
are  situated  or  may  hereafter  be  established 
within  the  borough  or  boroughs  for  which  he 
is  appointe.i.  The  commi3s',T’.-.-r  for  the  bor- 
oughs of  Manl-attan  and  the  Bronx,  and  the 
commiss’one;-  of  the  boroughs  of  Brooklyn  and 
Queens,  shall  each  have  power  to  appoint  and 
at  pleasure  to  remove  a deputy.  Bach  dep- 
uty so  appointed  shall  during  the  absence  or 
disability  of  the  commissioner  appointing 
him  possess  all  the  powers  and  perform  all 
the  duties  of  such  commissioner,  except  the 
powers  conferred  by  section's  661  and  664.  of 
this  act.  Whenever  such  absence  or  disabil- 
ity shall  continue  for  five  days,  or  in  the 
judgment  of  the  mayor  it  is  necessary,  either 
of  the  other  commissioners  m-ay  be  designated 
by  him  to  exercise  such  powers.  The  board 
of  estimate  and  apportionment  and  the  mu- 
nicipal assembly  may  from  time  to  time  pro- 
vide fox  additioual  deputies  in  the  last  named 
boroughs  and  also  for  a deputy  in  the  bor- 
ough of  Richmond.  Any  deputy  to  serve  in 
the  borough  of  Richm.'iid  shall  be  appointed  by 
the  commissioner  having  admin  tdrative  jur- 
isdiction therein,  and  shall  be  subject  to  re- 
moval at  hi'S  pleasure.  Bach  of  the  commij- 
sioners,  within  the  limits  of  his  appropria- 
tion, shall  have  power  to  appoint  and  at  pleas- 
ure to  remove  such  subordinate  officers  and 
aS'Si'Stants  as  may  be  necessary  for  the  efficient 
performance  of  his  duties  as  such  commis- 
sioner. The  board  shall  have  power  to  ap- 
point a secretary,  and,  within  the  limit  of 
its  appropriation,  to  appoint  such  subordin- 
ate officers  as  may  be  necessary  for  the  prop- 
er conduct  of  the  office  of  the  department. 
Public  Institutions  under  tlie  juri.sdic- 
tion  of  tlie  commissioners. 

See.  660.  Each  commissioner  shall  have  juris- 
diction over  and  it  shall  be  'ais  duty  *to  take 
charge  of  and  to  establish  and  enforce  rules  and 
regulations,  not  inconsistent  with  Ihe  general 
rules  and  regulations  established  by  the  beard, 
for  the  gO'Vernment  of  the  following  described 
classes  of  public  institutions  situated  within 
the  borougti  or  boroughs  for  which  he  is  ap- 
poinited,  viz.:  all  hospital's,  asylums,  alms- 
houses and  other  institutions  belonging  to  or 
hereafter  acquired  o-r  established  by  the  city 
of  New  York,  which  are  or  sliall  be  devoted  to 
the  care  of  the  feeble  minded,  the  sick,  the  in- 
firm and  the  destitute;  except  hospital  wards 
attached  to  penitentiaries  and  to  other  prisons 
and  institutions  under  the  jurisdiction  of  the 
dep'artment  of  corree'eion;  and  except  such  hos- 
pitals as  are  or  may  hereafter  be  established 
and  conducted  by  the  department  of  health, 
pursuant  to  law;  and  except  the  house  of 
refuge  for  juvenile  delinquents  and  the  house 
of  detenti'pn  for  witneiS'ses ; and  except  the 
island  known  as  Ward’s  island  and  the  build- 
ings and  improvements  thereon,  and  the  equip- 
ment, fixtures  and  furniture  of  the  asylums 
for  the  insane  on  said  island  during  the  con- 
tinuance of  the  lease  thereof  heretofore  made 
by  the  city  of  New  York  to  the  state  of  New 
Yoirk.  Such  buildings  and  grounds  on  Black- 


well’s Island  as  are  now  used  foi’  the  core  of 
the  ins'ane  pursuant  to  the  provisions  of  chap- 
ter cwo-,of  the  lajys  of  eighteen  hundred  and 
ninety-six  shall,  when  the  Inisane  shall  have 
been  removed  therefrom,  be  under  the  juris- 
diction of  the  commissioner  of  public  chari- 
ties for  the  boroughs  of  Manhattan  and  the 
Bronx;  and  the  buildings  and  grounds,  to- 
gether with  the  equipments,  fixtures  and  fur- 
niture of  the  buildings  now  leased  to  the  state 
by  the  county  of  Kings  for  the  care  of  the  in- 
sane, shall,  when  said  lease  expires,  be  under 
the  jurisdiction  of  the  commissioner  of  public 
charities  for  the  boroughs  of  Brooklyn  and 
Queenis. 

Payment.s  to  private  institations. 

Sec.  661.  No  payment  shall  be  made  by 
the  city  of  New  York  to  any  charitable,  elee- 
mosynary or  reformatory  institution  wholly 
or  partly  under  private  control,  for  the  care, 
support,  secular  education,  or  maintenance 
of  any  child  surrendered  to  such  institution, 
or  committed  to,  received  or  retained  therein, 
in  accordance  with  sections  664,  665,  666 
and  667  of  this  act,  except  upon  the  certificate 
of  the  commissioner  having  administrative 
jurisdiction  that  such  child  has  been  received 
and  is  retained  by  such  institution  pursuant 
to  the  rules  and  regulations  established  by 
the  state  board  of  charities.  Moneys  paid  by 
the  city  of  New  York  to  any  such  institution 
for  the  care,  support,  secular  education  or 
maintenance  of  its  inmates  shall  not  be  ex- 
pended for  any  other  purpose.  Whenever 
the  commissioner  shall  decide,  after  reason- 
able notice  to  the  institution  and  a hearing, 
that  any  such  child  as  aforesaid  who  is  re- 
ceived and  retained  in  such  institution  is  not 
8 proper  charge  against  the  public,  and  notice 
of  such  decision  in  writing  is  given  by  him  to . 
such  institution,  thereupon  all  right  on  th® 
part  of  said  institution  to  receive  compensa- 
tion from  the  city  for  the  further  retention 
of  the  child  shall  cease.  He  shall  file  in  the 
office  of  the  department  in  the  borough  with^ 
in  which  the  institution  is  situated,  a state- 
ment of  the  reasons  tor  his  decision  and  of 
the  facts  upon  which  it  is  founded,  and  shall 
furnish  a copy  to  the'  institution  where  the 
child  is  detained.  His  decision  may  be  re- 
viewed on  certiorari  by  the  supreme  court. 
Pov»-ers  of  commissioners  as  to  desti- 
tute and  other  persons. 

Sec.  662.  The  commissioner  for  the  bor- 
oughs of  Manhattan  and  the  Bronx  shall 
within  said  boroughs  have  all  the  authority 
concerning  the  care,  custody  and  disposition 
of  insane,  feeble-minded,  sick,  infirm  and  des- 
titute persons  which  the  commissioners  of 
public  charities  of  the  corporation  known  as 
the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York  had  at  the  time  of  the 
taking  effect  of  this  act,  and  shall  be  subject 
to  the  same  obligations  and  discharge  the 
same  duties  in  respect  to  such  persons,  ex- 
cept in  so  far  as  the  same  are  inconsistent 
with  or  are  modified  by  this  act.  The  commis- 
sioner for  the  boroughs  of  Brooklyn  and  Queens 
shall  within  said  boroughs  have  all  the  au- 
thority concerning  the  care,  custody  and  dis- 
position of  such  persons  which  the  board  of 
charities  and  correction  of  the  city  of  Brook- 
lyn and  county  of  Kings  as  formerly  constitut- 
ed, or  the  superintendent  of  the  overseers  of  the 
poor  of  the  county  of  Queens,  had  at  the  time 
of  the  passage  of  this  act  and  shall  be  subject 
to  the  same  obligations  and  discharge  the 
same  duties  in  respect  to  such  persons,  ex- 
cept in  so  far  as  the  same  are  ihedhsistent 
with  or  are  modified  by  this  act.  The  commis- 
sioner for  the  borough  of  Richmond  shall  with- 
in said  borough  have  all  the  authority  concern- 
ing the  care,  custody  and  disposition  of  sitch 
persons  which  the  superintendent  and  over- 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK.  07 


seers  of  the  poor  in  the  county  of  Richmond 
had  at  the  time  of  the  taking  effect  of  this  act, 
and  shall  be  subject  to  the  same  obligations 
and  discharge  the  same  duties  in  respect  to 
such  persons,  except  in  so  far  as  the  same  are 
inconsistent  with  or  are  modified  by  this 
act.  The  said  several  commissioners 
shall  be  the  overseers  of  the  poor  of  the 
city  of  New  York,  as  constituted  by  this  act. 
No  commissioner  shall  have  power  to  dis- 
pense any  form  of  outdoor  relief  except  as 
expressly  provided  in  this  chapter,  but  each 
commissioner  shall  have  power  to  pay  for  the 
cost  of  the  removal  or  transportation  of  any 
person  who  may  come  under  his  charge  when- 
ever in  his  judgment  the  city  will  thereby  be 
relieved  from  an  unnecessary  or  improper 
charge. 

Each  commissioner  in  his  borough  or  bor- 
oughs shall  make  provision  for  the  temporary 
care  of  vagrant  and  indigent  persons,  and 
shall  provide  for  an  investigation  into  the  cir- 
cumstances of  all  such  persons,  and  shall 
cause  every  person  who  is  found  upon  inves- 
tigation to  be  a vagrant,  to  be  brought  be- 
fore a magistrate  pursuant  to  law.  The  board 
of  estimate  and  apportionment  and  the  mu- 
nicipal assembly  shall  in  each  year  appropri- 
ate such  sum  as  in  their  judgment  may  be 
necessary  to  carry  out  the  provisions  of  this 
section. 

Classification  and  instrnction  of  in- 
mates. 

Sec.  663.  It  shall  be  the  duty  of  each  com- 
missioner to  cause  ail  the  inmates  of  public 
institutio-ns  under  his  charge  to  be  classified 
so  far  as  practicable.  Destitute  children  shall 
he  kept  apart  from  criminal  children,  so  that 
youthful  and  less  hardened  inmates  shall  not 
be  rendered  more  depraved  by  association 
with  and  the  evil  example  of  older  and  more 
hardened  inmates.  Eacti  commissioner  may 
establish  and  maintain  in  the  public  institu- 
tions under  his  charge  such  schools  or  classes 
for  the  instruction  and  training  of  inmates  as 
may  be  authorized  by  the  board  of  estimate 
and  apportionment  and  the  municipal  assem- 
bly. 

Powers  of  commissioners  as  to  desti- 

tnte  and  other  children. 

Sec.  664.  Each  commissioner  shall  have  pow- 
er to  commit,  to  indenture,  place  out,  dis- 
charge or  transfer  any  child  who  may  be  in 
his  custody  whenever  in  his  judgment  it  shall 
be  for  the  best  interests  of  such  child  so  to 
do,  and  he  and  his  successors  in  office  shall 
have  power  to  revoke  and  cancel  any  such  in-  i 
denture  or  agreement  and  to  make  contracts 
for  the  maintenance  of  any  such  child  in  ac- 
cordance with  the  general  rules  and  regula- 
tions of  the  board;  but  in  indenturing,  plac- 
ing out,  transferring  or  committing  any  such 
child  such  commissioner  shall,  when  practic- 
able, indenture  or  place  out  such  child  with 
an  individual  of  the  like  religious  faith  as  the 
parents  of  such  cnild,  or  transfer  or  commit 
such  child  to  an  institution  governed  by  per- 
sons of  the  same  religious  faith.  In  respect  to 
such  minors  so  committed  to  or  otherwise 
placed  under  his  charge  each  commissioner 
shall  within  his  borough  or  boroughs  havesuch 
additional  powers,  as  are  at  the  time  of  the 
taking  effect  of  this  act  vested  by  law  in 
the  corresponding  officers  of  the  corpora- 
tion known  as  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New  York,  o<f  the  cor- 
poration known  as  the  city  of  Brooklyn,  and 
of  the  counties  of  Kings,  Richmond  and 
Queens,  mentioned  in  section  662  of  this  act. 
Notice  of  commitment  of  cliildren. 

Sec.  665.  Wheneter  any  child  actually  or 
apparently  under  the  age  of  sixteen  years  is 
brought  before  any  court  or  magistrate  in 
the  city  of  New  York,  as  constituted  by  this 


act,  pursuant  to  section  eight  hundred  and 
eighty-eight  of  the  code  of  criminal  procedure, 
or  is  found  destitute  of  means  of  support, 
the  magistrate  presiding  or  before  whom  such 
child  is  brought  shall  thereupon  fix  a day  not 
more  than  throe  days  distant  for  the  hearing 
and  final  disposition  of  the  charge  against 
said  child,  arid  shall,  at  the  same  time,  in  ad- 
dition to  such  other  notices  as  may  be  re- 
quired by  law,  give  notice,  in  writing,  of 
such  arrest  to  the  commissioner  of  public 
charities  of  the  borough  in  which  said  arrest 
is  made,  and  to  the  Society  for  the  Prevention 
of  Cruelty  to  Children,  if  there  shall  be  one 
incorporated  in  the  ■ borough,  which  notice 
shall  state  the  name  of  the  child,  its  age, 
either  actual  or  apparent,  its  sex,  color,  birth- 
place, residence,  father’s  name,  moiher’s 
name,  parents’  religion  and  parents’  occu- 
pation, each,  if  known;  the  specific  charge 
upon  which  the  arrest  is  made,  the  name  of 
the  officer  making  the  arrest  and  the  name 
and  address  of  the  complaining  witness,  if  any 
there  be.  And  such  court  or  magistrate  may 
temporarily  commit  such  child  to  the  custody 
and  care  of  an  institution  to  which  said  court 
or  magistrate  is  authorized  by  law  to  make 
final  commitment. 

Chllcli’en  committed  as  pnblic  charges; 

investigation. 

Sec.  666.  It  shall  be  the  duty  of  the  com- 
missioner so  notified  to  investigate  forthwith 
the  charge  against  such  child.  The  commis- 
sioner may  appear  either  by  clerk  or  by  coun- 
sel on  all  hearings  in  such  proceeding,  and 
shall  on  or  before  the  final  hearing  therein  file 
with  the  court  or  magistrate  a statement  in 
writing  of  such  fact  or  facts  as  in  the  opin- 
ion of  the  commissioner  render  it  proper  or 
improper  that  such  child  should  be  supported 
as  a public  charge  at  the  expense  of  the  city; 
and  such  written  statement  of  fact  or  facts 
when  so  filed  shall  be  preserved  with  and 
form  a part  of  the  record  of  the  proceedings 
instituted  by  the  arrest  of  such  child.  Omis- 
sion or  failure  to  file  such  statement  shall 
not  be  ground  for  delaying  the  final  decision. 

Term  of  commitment  of  cliildreii;  dis- 

cliarge. 

Sec.  667.  The  term  of  commitment  of  each 
child  committed  in  the  city  of  New  York,  .is 
constituted  by  this  act,  under  any  of  the  pro- 
visions of  sections  664,  665  and  666  of  this 
act,  shall  be  until  such  child  shall  attain  the 
age  of  sixteen  years,  or  until  it  shall  be  duly 
indentured  or  placed  out  as  an  avpprentiee  by 
the  institution  to  which  it  shall  have  been 
committed,  or  until  it  shall  be  given  over  m 
adoption  by  said  institution  to  some  suitable 
person,  or  until  otherwise  discharged.  Each 
institution  mentioned’  in  section  661  of  this 
act,  shall  file  with  the  commissioner  on  or 
before  July  1,  1898,  a list  of  all  the  children 
therein  referred  to  in  sections  661,  664,  665 
and  666  of  this  act,  ivhich  list  shali  contain 
the  names  and  residence  of  the  parents  and 
guardians  of  the  children  as  far  as  known. 
Every  three  months  thereafter  each  such  in- 
stitution shall  file  a similar  list  of  all  such 
children  received,  discharged  or  otherwise  dis- 
posed of  in  the  interval. 

Saving  clause  as  to  certain  existing 

laws. 

Sec.  668.  Nothing  contained  in  the  forego- 
ing sections  shall  be  construed  to  alter  or 
affect  any  provision  of  chapter  one  hundred 
and  sevenity-'two  of  the  laws  of  eighteen  hun- 
dred and  sixty-five,  or  of  chapter  four  hundred 
and  thirty-nine  of  the  laws  of  eighteen  hun- 
dred and  ninety-two,  or  of  chapter  three 
hundred  and  fifty-three  of  the  laws  of  eighteen 
hundred  and  eighty-six. 

Record  of  inmates  of  institutions 

Sec.  669.  It  shall  be  the  duty  of  each  com- 
missioner to  keep  and  preserve  a proper  rec- 


ord of  all  persons  who  shall  come  under  his 
care  or  custody  and  of  the  disposition  made 
of  such  persons,  with  full  particulars  as  to 
the  name,  age,  sex,  color  and  nativity  of  each, 
and  in  case  of  minors  the  names  and  resi- 
dence of  parents  and  their  religious  faith  so 
far  as  ascertained,  and  'the  religious  faith  and 
residence  of  the  persons  or  families  with  whom 
or  of  the  persons  in  charge  of  the  institution 
in  which  they  are  placed,  together  with  copies 
of  any  instrument  of  indenture  or  agreement 
executed  by  such  commissioner. 

Tempoi’ury  care  in  accident  ca.ses. 

Sec.  670.  Any  person  injured  or  'taken  sick 
on  the  streets  or  in  any  public  place  within 
said  city,  who  may  not  be  safely  removed  to 
his  or  her  home,  may  he  sent  to  and  shall  be 
received  m any  public  hospital  within  said 
city,  for  temporary  care  and  treatment,  ir- 
respective of  his  or  her  place  of  residence. 
Temporai’y  care  of  the  insane. 

Sec.  671.  Each  commissioner  shall  provide 
and  maintain  suitable  rooms  or  wards  for  the 
reception,  medical  examination  and  temporary 
care  of  persons  alleged  to  be  insane. 

Alteration  and  repair  of  bnildiiigs. 

Sec.  672.  Each  commissioner,  subject  to  the 
approval  of  the  board,  whenever  the  increase 
of  inmates  in  or  the  proper  care  and  govern- 
ment of  the  public  institutions  or  establish- 
ments under  bis  jurisdiction  shall  in  his  judg- 
ment render  it  necessary  or  expedient,  shall 
have  power  to  enlarge  or  alter  the  buildings 
occupied  by  such  institutions  or  establish- 
ments or  any  of  them;  and  shall  also  have 
power  to  make  all  needful  repairs  to  buildings 
and  property  under  his  control,  provided  that 
an  appropriation  has  been  made  therefor. 

Pottei’’.9  field. 

Sec.  673.  Each  commissioner,  except  the 
commissioner  of  the  boroughs  of  Manhattan 
and  the'Bronx,  shall  have  charge  of  the  pot- 
ter’s field  or  fields  situated  in  the  borough  or 
boroughs  for  which  he  is  appointed,  and  each 
a.nd  every  commissioner  shall,  when  the  ne- 
cessity therefor  shall  arise,  have  power  to  lay 
out  a potter’s  field  or  other  public  burial  place 
for  the  poor  and  strangers,  v/ithin  the  bor- 
ough or  boroughs  for  which  he  is  appointed, 
and  from  time  to  time  to  inclose  and  extend 
the  same,  to  make  inclosnres  therein  and  to 
build  vaults  therein,  and  to  provide  ail  nec- 
essary labor  therefor  and  for  interments  there- 
in. 

Aceouiiis;  aimual  estimates;  expendi- 
tures. 

Sec.  674.  Each  commissioner  shall  keep  ac- 
curate and  detailed  accounts,  in  a form 
approved  by  the  controller,  of  all  mon- 
eys received  and  expended  by  him,  the 
sources  from  which  they  are  received  and 
the  purposes  for  which  they  are  expended, 
and  shall  prepare  itemized  monthly  state- 
ments of  all  receipts  and  expenditures  in 
duplicate,  one  of  which  statements,  to- 
gether with  all  vouchers,  shall  be  filed 
with  the  controller,  and  one  of  which  shall 
be  filed  in  his  own  office.  Each  commissioner 
shall,  on  or  before  tbo  first  day  of  September 
in  each  year  prepare  an  itemized  estimate  of 
his  necessary  expehses  fir  the  ensuing  fiscal 
year  and  present  the  same  to  the  hoard.  The 
three  estimates  so  prepared  as  revised  by  the 
board  shall  together  constitute  the  annual  es- 
timate of  the  department  of  public  charities, 
and  shall  be  submitted  to  the  hoard  of  esti- 
mate and  apportionment  within  the  time  pre- 
scribed by  this  act  for  the  submission  of  esti- 
mates for  the  several  departments  of  the  city. 
No  commissioner  shall  incur  any  expense  for 
any  purpose  in  excess  of  the  amount  appropri- 
ated therefor;  nor  shall  he  expend  any  money 


68 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


BO  appropriated  for  any  purpose  other  than 
that  for  which  it  was  appropriated. 
Aclvertisenients  for  .supplies. 

Sec.  675.  The  board  shall  from  time  to  time 
as  may  be  necessary  advertise  in  the  City 
Record  and  the  corporation  newspapers  for 
not  less  than  ten  days  for  proposals  for 
such  articles  and  supplies  as  shall  be  neces- 
sary to  be  used  in  and  for  the  relief  and  sup- 
port of  the  poor  of  the  city  and  shall  award  con- 
tracts for  the  same  to  the  lowest  bidders  who 
shall  give  adequate  security  for  the  faithful 
performailce  of  such  contracts,  excepting  such 
perishable  articles  as  may  be  excepted  by  the 
rules  and  regulations  of  the  board.  In  case 
of  an  emergency  each  commissioner  may  p\ir- 
chase  articles  immediately  required  without 
calling  for  competition  at  an  expense  not  ex- 
ceeding one  thousand  dollars  during  any  one 
month. 

Expcmlitnres  for  tlie  relief  of  tlie 

liliiul. 

Sec.  676.  The  commissioners  are  hereby 
authorized  and  empowered  to  insert  in  their 
annual  e.stimate  of  expenditures  an  item  of 
expenditure  for  the  relief  of  the  poor  adult 
blind  not  to  exceed  in  all  $75,000.  Under  such 
rules  and  restrictions  as  the  board  may  deem 
necessary,  each  commissioner  shall  distribute 
the  sum  so  appropriated  each  year  and  as- 
signed for  use  in  his  jurisdiction,  in  uniform 
sums  not  to  exceed  $100  to  any  one  person,  to 
such  poor  adult  blind  persons  not  inmates  of 
any  of  the  public  or  private  institutions  in 
the  city  of  New  York  who  shall  be  in  need  of 
relief  and  who  shall  be  citizens  of  the  United 
States  and  shall  have  been  residents  of  said 
city  continuously  for  two  years  previous  to  the 
date  of  application  for  such  relief. 

Detail  of  iiiiu.ates  of  correctioiial  in- 

.stitiitioii.s  to  worlc  In  departmeiit. 

Sec.  677.  The  commissioner  of  the  boroughs 
of  Manhattan  and  the  Bronx  may  from  time 
to  time  in  his  discretion  request  the  depart- 
ment of  correction  to  detail  and  designate 
Inmates  of  the  correctional  institutions  on 
Blackwell’s  island  to  perform  necessary 
work,  labor  and  services  in  and  upon  the 
grounds  and  buildings  which  are  under  the 
charge  of  the  said  coaiimissioner  on  Black- 
well’s island  or  Randall’s  island;  and  such 
inmates  of  such  correctional  institutions 
when  so  employed  shall  at  all  times  be  under 
the  personal  oversight  and  direction  of  a 
keeper  or  keepers  from  such  correctional 
institutions  as  the  department  of  correction 
may  deem  necessary;  but  no  inmate  of  any 
correctional  institution  shall  be  employed  in 
any  capacity  whatever  in  any  ward  of  any 
hospital  while  such  w’ard  is  being  used  for 
hospital  purposes;  and  in  like  manner  the 
coimmissioners  for  the  boroughs  of  Brooklyn 
and  Queens,  and  for  the  borough  of  Rich- 
mond may  request  the  department  of  correc- 
tions to  make  a like  detail  or  designation 
W'hen  the  pe;rsons  so  detailed  or  designated 
can  be  properly  guarded  and  restrained. 

Care  of  non-residents  in  Bellevue  and 

Kin^fs  county  hospitals. 

Sec.  678.  The  commissioner  of  public 
tharities  for  the  boroughs  of  Manhattan  and 
the  Bronx  is  hereby  authorized  in  his  dis- 
cretion to  permit  the  reception  and  treat- 
ment in  Bellevue  Hospital  of  persons  who  do 
not  reside  in  the  city  of  New  York,  provided 
that  every  person  so  receiving  treatment  shall 
be  required  to  pay  such  sum  for  board  and 
attendance  as  may  be  fixed  by  such  com- 
missioner. And  in  like  manner  the  commis- 
sioner for  the  boroughs  of  Brooklyn  and 
Queens  may  permit  the  reception  and  treat- 
ment of  such  persons  in  the  hospital  now 
known  as  the  Kings  County  hospital.  Such 
eommissioner  shall  collect  and  pay  over  all 


such  moneys  to  the  chamberlain  once  every  j 
month,  and  the  amount  so  collected  shall 
be  paid  into  the  general  fund.  Each  commis- 
sioner shall  upon  making  such  payments  to 
the  chamberlain  report  the  same  to  the  con- 
troller of  the  city  of  New  York. 

Be<iuisitioiis  of  subordinate  oflieers. 

Sec.  679.  Each  superintendent,  warden  or 
chief  officer  of  every  institution  under  the 
charge  of  any  commissioner  shall  make  his 
requisition  in  WTiting  on  such  commissioner 
for  all  articles  deemed  necessary  by  the 
said  officer  to  be  used  in  the  respective  insti- 
tutions under  his  charge,  and  shall  keep  an 
accurate  account  of  the  same. 

Reports  of  subordinate  otficers. 

Sec.  680.  Each  such  superintendent,  w'arden 
or  other  chief  officer  of  every  institution  under 
the  charge  of  any  commissioner  shall  once  in 
each  week  report  in  w'riting  to  such  com- 
missioner the  number  of  persons  who  have 
been  received  or  transferred,  who  are  sick, 
who  have  died  and  who  are  remaining  in  the 
respective  institutions  under  his  charge,  the 
discipline  which  has  been  maintained  therein, 
the  punishments  imposed,  and  the  quantity 
and  kind  of  labor  performed,  and  such  other 
information  as  the  commissioner  may  require. 

Employment  of  inmates;  articles 

manufactured;  cultivation  of  lands. 

Sec.  681.  Every  inmate  of  an  almshouse 
whose  age  and  health  will  permit,  shall  be 
employed  in  cultivating  the  grounds  under 
the  control  of  the  commissioner  of  the  bor- 
ough in  which  such  almshouse  is  situated  or 
in  manufacturing  such  articles  as  may  be  re- 
quired for  ordinary  use  in  the  public  institu- 
tions under  the  control  of  such  commissioner, 
or  for  the  use  of  any  department  of  the  city  of 
New  York,  or  in  preparing  and  building  sea 
walls  upon  islands  or  other  places  belonging 
lo  the  city,  or  at  such  mechanical  or  other 
labor  as  shall  be  found  from  experience  to 
suit  the  capacity  of  the  individual.  The  ar- 
ticles raised  or  manufactured  by  such  labor 
shall  be  subject  to  the  order  of  and  shall 
be  placed  under  the  control  of  the  commis- 
sioner having  jurisdiction,  and  all  such  ar- 
ticles shall  be  utilized  in  the  public  institu- 
tions under  the  charge  of  the  department  of 
charities  or  in  some  other  department  of  the 
city.  All  the  lands  underthe  jurisdiction  of  any 
commissioner,  not  otherwise  occupied  or  util- 
ized and  which  are  capable  of  cultivation  shall 
in  the  discretion  of  such  commissioner  be 
used  for  agricultural  purposes. 

Honr.s  of  labor;  «li.seipline. 

Sec.  682.  The  hours  of  labor  required  of  any 
pauper  or  other  person  committed  to  or  placed 
under  the  charge  of  a commissioner  of  public 
charities  shall  be  fixed  by  the  board  and  shall 
not  exceed  eight  hours  per  day  for  each  such 
person.  In  case  any  such  pauper  shall  neg- 
lect or  refuse  to  perform  the  work  allotted 
to  him  or  her  by  the  person  in  charge,  or  shall 
violate  the  rules  and  regulations  of  the  insti- 
tution, it  shall  be  the  duty  of  the  superinten- 
dent of  the  almshouse  to  report  such  insub- 
ordination or  violation  to  the  commissioner 
having  jurisdiction,  who  may  thereupon  di- 
rect the  punishment  of  such  pauper  by  soli- 
tary confinement  and  by  being  fed  on  bread 
and  water  only  for  such  length  of  time 
as  he  may  consider  necessary.  In  case  any 
pauper  shall  neglect  to  perform  the  work  as- 
signed to  him  or  her,  or  be  guilty  of  any  such 
violation  on  three  or  more  separate  occasions, 
the  said  commissioner  may  cause  such  pauper 
to  be  brought  before  the  proper  court  or  mag- 
istrate, and  such  court  or  magistrate  may 
commit  such  pauper  to  the  workhouse  or  pen- 
itentiary as  a disorderly  person. 

Support  of  poor  persons  by  relatives. 

Sec.  683.  Tb©  father,  mother,  children  and 


grandchildren  of  sufficient  ability,  of  a poor 
person  who  is  insane,  blind,  old,  lame,  im- 
potent or  decrepit  so  as  to  be  unable  by  work 
to  maintain  himself  must  at  their  own  charge 
relieve  and  maintain  him  in  a manner  to  bo 
approved  by  the  commissioner  within  whose 
jurisdiction  such  person  resides.  If  the  rel- 
ative of  a poor  person  falls  to  maintain  and 
relieve  him  as  in  this  section  provided,  the 
said  commissioner  may  apply  to  any  city 
magistrate  for  the  order  authorized  by  law 
in  such  cases.  The  action  authorized  by  law 
for  a failure  to  comply  with  the  order  of  the 
court  requiring  the  payment  of  a weekly  sum 
for  such  support  must  be  in  the  name  of  the 
commissioner  of  public  charities  within  whose 
jurisdiction  such  poor  person  resides. 

Conduct  of  bastardy  proceedings. 

Sec.  684.  AH  bastardy  proceedings  shall  be 
conducted  by  and  in  the  name  of  the  commis- 
sioner within  whose  jurisdiction  the  person 
charged  with  being  the  father  or  mother  of 
the  bastard  resides,  and  thq  amount  collect- 
ed shall  be  paid  to  the  commissioner,  to  be 
by  him  applied  to  the  support  of  the  child  or 
of  the  child  and  its  mother,  and  shall  be  ac- 
counted for  by  him  in  a manner  approved  by 
the  commissioners  of  accounts.  Each  com- 
missioner shall  have  authority  to  compromise 
bastardy  and  abandonment  cases  arising  in  the 
borough  or  boroughs  for  which  he  is  appoint- 
ed. 

Maintenance  of  abandoned  wives  and 

children. 

Sec.  685.  Every  person  in  the  city  of  New 
York,  as  constituted  by  this  act,  who  actu- 
ally abandons  his  wife  or  children  without 
adequate  support,  or  leaves  them  in  danger 
of  becoming  a burden  upon  the  public,  or 
who  neglects  to  provide  for  them  according 
to  his  means,  or  who  threatens  to  run  away 
and  leave  his  wife  and  children  a burden  upon 
the  public,  may  be  arrested  upon  a complaint 
made  under  oath  to  a city  magistrate  and  a 
warrant  thereon  issued,  and  brought  before 
such  magistrate,  as  provided  by  section  nine 
hundred  of  the  code  of  criminal  procedure. 
And  if  thereupon  it  shall  appear  by  the  con- 
fession of  the  defendant  or  by  competent  tes- 
timony that  he  is  guilty  of  the  charge,  the 
said  magistrate  shall  make  an  order  specify- 
ing a reasonable  sum  of  money  to  be  paid 
weekly  for  the  space  of  one  year  thereafter 
by  such  defendant  to  the  commissioner  of 
public  charities  for  the  borough  in  which  such 
proceedings  is  had,  for  the  support  of  the  wife 
or  children.  But  nothing  in  this  chapter  con- 
tained shall  apply  to  or  affect  an  order  for 
the  payment  of  money  for  the  support  of  a 
child  in  an  institution,  pursuant  to  the  provis- 
ions of  section  two  hundred  and  eighty-eight 
of  the  penal  code  or  of  section  nine  hundred 
and  twenty-one  of  the  code  of  criminal  pro- 
cedure. 

Commitments  In  abandonment  pro- 
ceedings; surety. 

Sec.  686.  Any  person  convicted -of  any  of  the 
offenses  hereinbefore  recited  shall,  upon  being 
served  with  such  order,  enter  into  a bond  to 
the  people  of  the  state  in  such  sum  as  such 
city  magistrate  shall  direct,  with  good  and 
sufficient  surety  to  be  approved  by  the  said 
city  magistrate,  that  such  person  will  pay 
weekly  for  the  space  of  one  year  suoh  sum  for 
the  support  of  the  wife  or  children  or  either 
or  any  of  them,  as  has  been  ordered  as  afore- 
said, to  the  commissioner  of  the  borough  in 
which  such  proceeding  is  had.  In  default  of 
such  surety  being  found,  the  city  magistrate 
shall  make  up,  sign  and  file  in  the  office  of 
the  clerk  of  the  county  in  which  such  con- 
viction is  had,  a record  of  the  conviction  of 
suoh  offender  as  a disorderly  person,  specify- 
ing generally  the  nature  and  circumstances 
of  the  offense  and  the  names  of  the  witnesses 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


fi9 


by  whom  it  has  been  established,  and  shall  by 
warrant  commit  such  offender  to  the  work 
house  on  Blackwell’s  island,  or  to  the  peni- 
tentiary or  jail  in  the  borough  where  the  con- 
viction is  had,  there  to  remain  until’  such 
surety  be  found  or  such  offender  be  discharged 
according  to  law,  or  he  shall  sentence  such 
offender  to  imprisonment  in  the  penitentiary, 
for  a term  not  exceeding  six  months  or  until 
such  offender  gives  the  security  as  hereinbefore 
provided  or  is  discharged  according  to  law. 
Upon  the  trial  or  hearing  of  all  complaints 
for  any  or  either  of  the  offenses  hereinbe- 
fore referred  to,  the  wife  shall  be  a compe- 
ten't  witness  therein  against  her  husband,  as  • 
to  all  matters  embraced  in  said  complaint. 

Action  on  bonds  in  abandonment  jiro- 

ceedingfs. 

Sec.  687.  Any  suit,  action  or  proceeding 
brought  or  instituted  upon  any  bond  or  rec- 
ognizance given  in  pursuance  of  the  preceding  I 
section  shall  be  brought  and  prosecuted  by 
and  in  the  name  of  the  commissioner  for  the 
borough  in  which  such  bond  or  recognizance 
was  given,  and  all  moneys  recovered  in  any 
suit,  action  or  proceeding  shall  be  paid  to 
such  commissioner  to  be  by  him  applied  and 
expended  for  the  support  of  the  wife  and 
children,  or  either  or  any  of  them  of  the 
person  against  whom  the  order  mentioned  and 
provided  for  in  section  685  of  this  act  shall 
have  been  made.  If  the  person  charged  with 
the  offenses  hereinbefore  recited  or  either  of 
them,  is  admitted  to  bail  the  undertaking  of 
his  bail  shall  be  for  the  future  appearance  of 
the  defendant  according  to  the  terms  of  the 
undertaking,  or  that  the  bafl  will  pay  to  the 
commissioner  of  the  borough  in  which  such 
proceeding  is  had,  a specified  sum  in  the  event 
of  such  failure  to  appear,  or  if  such  person 
deposits  a sum  of  money  as  directed  by  law 
instead  of  giving  an  undertaking  of  bail  for 
his  future  appearance,  and  if  such  perso;j 
shall  thereafter  fail  to  appear  in  accordance 
with  the  terms  of  said  undertaking  or  the 
terms  upon  which  the  money  was  deposited, 
then  the  said  magistrate  shall  enter  the  fact  of 
said  person's  non-appearance  upon  the  minutes 
and  the  undertaking  of  his  bail  or  money  de- 
posited instead  of  bail  shall  thereupon  be  for- 
feited. 

Recoveries  iu  abandonment  proceed- 
ing's. 

Sec.  688.  When  such  an  undertaking  is  for- 
feited. an  action  may  be  brought  in  the  name 
of  the  commissioner  for  the  borough  in  which 
such  proceeding  is  had  to  recover  the  amount) 
specified  in  such  undertaking,  and  the  amount 
recovered  in  said  action  shall  be  applied  and 
expended  for  the  support  of  the  wife  and 
children,  or  either  or  any  of  them,  of  the 
person  charged  with  the  offenses  hereinbefore 
recited  or  either  or  any  of  such  offenses,  and 
when  any  money  has  been  deposited  instead 
of, bail  and  which  shall  have  been  forfeited 
as  hereinbefore  provided,  said  money  shall 
be  paid  to  the  commissioner,  by  the  person 
with  whom  the  said  sum  of  money  is  deposited, 
upon  presenting  to  him  a certificate  from  the 
city  magistrate  certifying  to  the  forfeiture 
thereof,  which  said  certificate  shall  state  the 
name  of  the  person  making  the  deposit,  when 


it  was  made,  the  name  of  the  defendant,  and 
that  the  said  sum  of  money  was  forfeited 
on  account  of  the  defendant’s  failure  to  ap- 
pear as  directed,  and  shall  be  signed  by  said 
magistrate. 

Appeals  lu  abandonment  proceedings) 
costs. 

Sec.  689.  An  appeal  to  the  court  of  general 
sessions  may  be  taken  from  a conviction  be- 
fore a city  magistrate  under  this  chapter 
within  the  county  of  New  York,  or  to  the 
county  court  in  any  other  county  which  is 
wholly  or  partly  within  the  city  of  New  York 
as  constituted  by  this  act,  which  said  appeal 
shall  be  conducted  under  and  in  accordance 
with  the  provisions  of  the  code  of  criminal  pro- 
cedure of  the  state  of  New  York,  except  that  the 
judge  allowing  the  appeal  must  take  from  the 
defendant  a written  undertaking  in  such  sum 
and  with  such  sureties  as  he  may  approve, 
that  . defendant  will  abide  the  judgment 
of  the  appellate  court  upon  the  appeal,  and 
will  pay  all  costs  which  may  be  awarded 
against  him,  and  except  that  all  notices  re- 
quired by  said  code  of  criminal  procedure 
to  be  served  upon  the  district  attorney  upon 
such  appeal  shall  be  served  upon  the  commis- 
sioner for  the  borough  in  which  the  convic- 
tion from  which  such  appeal  is  taken  was 
had,  and  the  commissioner  may  appear  by 
clerk  or  counsel  upon  the  hearing  of  such 
appeal.  The  court  must  award  costs  to  the 
party  in  whose  favor  the  appeal  is  deter- 
mined, as  follows,  beside  disbursements:  To 
the  appellant  upon  reversal,  thirty  dollars; 
to  the  respondent  upon  affirmance,  twenty- 
five  dollars.  When  awarded  to  the  appellant 
they  must  be  paid  by  the  controller  of  the 
city  of  New  York  on  the  delivery  to  him  of  a 
certified  copy  of  the  order  of  reversal,  and 
must  be  charged  to  the  contingent  account  of 
the  commissioner  lor  the  borougb  in  which 
conviction  so  reversed  was  had.  When 
awarded  to  the  respondent  the  payment  of 
costs  may  be  enforced  as  in  a civil  action, 
and  in  an  action  brought  therefor  against 
the  sureties  upon  the  undertaking  given  on 
the  allowance  of  the  appeal,  the  production 
of  a certified  copy  of  the  order  of  affirmance 
shall  be  conclusive  evidence. 

CHAPTER  XIV. 

DEPARTMENT  OF  CORRECTION. 

Juvisdiction;  salary;  regulations;  sub- 
ordinate officers. 

Sec.  694.  The  head  of  the  department  of  cor- 
rection shall  be  called  the  commissioner  ol 
correction.  He  shall  be  appointed  by  the 
mayor  and  shall  hold  office,  as  provided  in 
chapter  IV  of  this  act.  His  salary  shall  be 
seven  thousand  five  hundred  dollars  a year. 
The  commissioner  shall  have  power  to  estab- 
lish rules  and  regulations  for  the  administra- 
tion of  the  department  and  the  government 
of  the  institutions  under  his  controi.  He 
shali  have  full  and  exclusive  jurisdiction  over 
the  several  institutions  hereinafter  specified 
which  are  situated  or  may  hereafter  be  estab- 
lished within  the  city  of  New  York  as  con- 
stituted by  this  act.  He  shall  have  his  prin- 
cipal office  in  the  borough  of  Manhattan  and 
a branch  office  in  the  borough  of  Brooklyn, 


He  may  establish  such  other  branch  offices  ag 
he,  may  deem  necessary.  He  shall  have  power 
to  appoint  and  at  will  to  remove  a deputy 
and  such  additional  deputies  and  assistant 
deputies  as  the  board  of  estimate  and  appor- 
tionment and  the  municipal  assembly  may 
from  time  to  time  authorize,  and  to  assign 
them  to  duty  in  such  borough  or  boroughs  as 
he  deems  proper,  and  at  least  one  of  such 
deputies  shall  be  assigned  to  the  branch  office 
in  the  borough  of  Brooklyn.  He  shall  also 
have  power  within  the  limits  of  his  appropria- 
tion to  appoint  and  at  will  to  remove  such 
superintendents,  wardens  and  other  subordi- 
nate officers  and  assistants  as  may  be  neces- 
sary for  the  efficient  performance  of  the  duties 
of  the  department.  Each  deputy  so  appointed 
shall  during  the  absence  or  inability  of  the 
commissioner  possess  all  the  powers  and  per- 
form all  the  duties  of  such  commissioner  with- 
in the  borough  or  boroughs  to  which  he  is  as- 
signed. The  commissioner  may  delegate  to 
the  superintendent  or  warden  in  charge  of 
any  institution  in  the  department  the  power 
to  appoint  and  remove  subordinate  officers  or 
assistants  in  such  institutions. 

Iiistitntions  under  the  jurisdiction  of 

the  eommis.sioiieis 

Sec.  695.  The  commissioner  shall  have  juris- 
diction over  and  it  shall  be  his  duty  to  take 
charge  of  and  manage  all  institutions  for  the 
care  and  custody  of  criminals  and  misdemean- 
ants which  belong  to  or  are  hereafter  ac- 
quired by  the  City  of  New  York  as  con- 
stituted by  this  act,  except  all  jails  and 
places  for  the  detention  of  prisoners  or 
persons  charged  with  crime  as  are  under  the 
charge  of  the  sheriff  or  the  police  depart- 
ment. The  commissioner  shall  also  have 
charge  of  such  other  institutions  belonging 
to  the  city  as  may  be  hereafter  placed  under 
his  jurisdiction  by  the  municipal  assembly. 
Whenever  the  state  authorities  shall  have 
caused  the  inmates  of  the  lunatic  asylum  on 
Hart’s  island  to  be  removed  elsewhere  and 
shall  have  vacated  the  buildings  now  on  said 
island  occupied  by  said  asylum,  the  said 
buildings,  with  the  grounds  thereto  appertain- 
ing, shall  become  and  be  under  the  charge 
and  control  of  the  department  of  correction; 
provided,  however,  that  the  burial  of  deceased 
paupers  shall  be  continued  on  said  island  un- 
der regulations  established  by  the  joint  action 
of  the  departments  of  public  charities  and  of 
correction,  or  in  case  of  disagreement  between 
said  departments,  under  such  regulations  as 
may  be  established  by  the  mayor  of  the  city. 

Transfer  of  inmates  to  Rilter’s  island 

and  Hart’s  island. 

Sec.  696.  The  commissioner,  whenever,  in 
his  judgment,  it  is  expedient  and  practicable 
to  do  so,  may  cause  to  be  removed  to  Biker’s 
island,  and  in  case  Hart’s  island  shall  have 
been  placed  under  the  charge  and  con- 
trol of  the  department  of  correction,  as 
in  section  696  of  this  act  provided, 
then  also  to  Hart’s  island,  the  inmates  of  the 
workhouse  and  of  the  penitentiary  on  Black- 
well’s island;  and  he  may  direct  such  remov- 
als to  be  made,  from  time  to  time,  as  accom- 
modation for  the  said  inmates  may  be  pro- 
vided upon  Biker’s  island  and  Hart’s  island 


ADDENDA. 

AN  ACT  to  define  flie  jnrisdiction  of 
the  commissioner  of  corrections  in 
Greater  New  York. 

Section  1.  The  commissioner  of  corrections 
in  the  City  of  Nerw  York,  as  it  will  exist  on 
the  first  day  of  January,  eighteen  hundred  and 
ninety-eight,  shall  take  charge  of,  manage 


and  have  jurisdiction  over  all  institutions  for 
the  custody  ol  criminals  and  misdemeanants 
which  belong  to  the  City  of  New  York,  ex- 
cept the  house  ol  refuge,  the  house  of  de- 
tention of  witnesses,  the  Brooklyn  disciplinary 
training  school  for  boys,  incorporate  socie- 
ties for  the  prevention  of  cruelty  to  children 
and  all  jails  or  places  for  the  detention  of 
persons  charged  with  crime  which  are  under 
the  charge  of  the  sheriff  or  the  police  depart. 


ment.  He  shall  also  have  charge  of  such  other 
institutions  belonging  to  said  city  as  have 
been  placed  under  his  jurisdiction  by  the  act 
of  eighteen  hundred  and  ninety-seven  known 
as  the  charter  of  New  York,  and  the  act  sup- 
plemental thereto,  and  such  as  may  here- 
after be  placed  under  his  jurisdiction  by  the 
municipal  assembly  of  said  city. 

Sec.  2.  This  act  shall  take  effect  January 
first,  eighteen  hundred  and  ninety-eight, 


70 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


or  elsewhere  within  the  city  of  New  York. 
And  whenever  in  consequence  of  such  re- 
movals or  otherwise  any  of  the  buildings 
theretofore  occupied  or  used  for  said  work- 
house  or  penitentiary  shall  have  become  va- 
cant, such  building  or  buildings,  with  the 
grounds  thereto  appertaining,  shall  be  trans- 
ferred to  the  department  of  public  charities. 
And  w'henever  any  of  the  said  buildings  or 
grounds  shall  have  been  so  transferred,  the 
commissioner  of  correction  shall  have  no  fur- 
ther rights,  duties  or  obligations  In  respect 
to  such  building  or  buildings  or  grounds,  but 
it  or  they  shall  thereafter  be  included  in  and 
apper'.’.in  to  the  department  of  public  chari- 
ties of  the  city  of  New  York,  and  shall  be 
under  the  jurisdiction  of  the  commissioner  of 
charities  for  the  boroughs  of  Manhattan  and 
the  Bronx. 

Powers  of  coiumissioucr  over  ci’imin- 

als  aiul  iiiisilemcaiiauts.  , 

Sec.  897.  The  commissioner  shall  have  all 
the  authority  concerning  the  care,  custody 
and  disposition  of  criminals  and  misdemean- 
ants whicti  the  commissionea*  of  correction  of 
the  corporation  known  as  the  mayor,  aider- 
men  and  commonalty  of  the  city  of  New  York, 
or  which  the  board  of  charities  and  correc- 
tion for  the  city  of  Brooklyn  and  county  of 
Kings  as  formerly  constituted  had  at  time  of 
the  taking  effect  of  this  act,  and  he  shall  dis- 
charge the  same  duties  and  be  subject  to  the 
same  obligations  in  respect  to  such  persons 
as  the  said  commissioner  and  board  respect- 
ively, e.xccpt  in  so  far  as  the  same  are  incon- 
sistent with  or  are  modified  by  this  act.  The 
commissioner  shall  have  no  authority  and  be 
subject  to  no  obligation  in  respect  to  any 
destitute  person  not  dtiarged  with  or  convicted 
of  crime  or  misdemeanor. 

Classilicatiou  of  criminals  and  misde- 

meaiiaiit.s;  iustrinction. 

Sec.  S9S.  It  stiail  be  the  duty  of  the  commis- 
sioner to  cause  ail  the  criminals  and  misde- 
meanants under  his  charge  to  be  classified  as 
far  as  practicable,  so  that  yonthful  and  less 
hardened  offenders  shall  not  be  rendered  more 
depraved  by  the  association  with  and  evil  ex- 
ample of  older  and  more  hardened  offenders. 
The  commissioner  may  establisli  and  main- 
tain such  schools  or  classes  for  ‘the  instruc- 
tion and  training  of  the  inmates  of  the  institu- 
tions under  his  charge,  as  may  be  autfiorized 
by  the  boai'd  of  estimate  and  apportionment. 
And  to  this  end  ‘tlie  commis>sioner,  with  the  au- 
thority of  the  muaicipal- assembly,  may  set 
apart  one  of  the  penal  instkucioiis  for  the  cus- 
tody of  suc-h  youthful  and  less  hardened  offend- 
ers, and  said  commissioner  shall  have  the 
power,  in  (lis  discretion,  to  transfer  such 
offenders  thereto  from  any  other  of  the  penal 
institutions  of  the  city. 

Record  of  inrates  of  institations. 

Sec.  609.  It  shall  be  the  duty  of  the  com- 
missioner to  keep  and  preseiwe  a proper  record 
of  all  persons  who  shall  come  under  his  care 
or  custody,  and  of  the  disposition  of  eadi  such 
person,  with  full  paiticulars  as  to  the  name, 
age,  sex,  color,  ntaiivKy  and  religious  faith  of 
each,  together  with  a statement  of  the  cause 
and  length  of  detention  of  each  such  person. 
Such  record  shall  be  supplementary  to  and 
shall  be  kept  separate  from  the  records  re- 
quired to  be  kept  by  section  709  of  this  act. 

Employment  of  inmate.s;  articles 

mnnnfactnred;  cnltivatioii  of  lands. 

Sec.  700.  Every  inmate  of  an  institution 
under  the  charge  of  the  com-missioner,  whose 
age  and  health  will  permit,  shall  be  employed 
in  quarrying  or  cutting  stone,  or  in  cultivating 
land  under  the  control  of  the  commissioner, 
or  in  manufacturing  such  articles  as  may  be 
required  for  ordinary  use  in  the  institutions 
under  the  control  of  the  commissioner,  or  for 


the  use  of  any  department  of  the  city  of  New 
York,  or  in  preparing  and  building  sea  walls 
upon  islands. or  other  places  belonging  to  the 
city  of  New  York  upon  which  public  institu- 
tions now  are  or  may  hereafter  be  erected, 
or  at  such  mechanical  or  other  labor  as  shall 
be  found  from  experience  to  be  suited  to  the 
capacity  of  the  individual.  The  articles  raised 
or  manufactured  by  such  labor  shall  be  sub- 
ject to  the  order  of  and  shall  be  placed  under 
the  control  of  the  commissioner,  and  shall  be 
utilized  in  the  Institutions  under  his  charge 
or  in  some  other  department  of  the  city.  All 
the  lauds  under  the  jurisdiction  of  the  com- 
missioner not  otherwise  occupied  or  utilized, 
and  which  are  capable  of  cultivation  shall  in 
the  discretion  of  the  commissioner  be  used 
for  agricultural  purposes. 

Detail  of  inmates  to  work  in  depart- 
ment of  imblic  charities. 

Sec.  701.  At  the  request  of  any  commis- 
sioner of  public  charities  of  the  city  of  New 
York,  the  commissioner  of  correction  may  de- 
tail and  designate  any  inmate  of  any  of  the  in- 
stitutions in  the  department  to  perform  nec- 
essary work,  labor  and  services  in  and  upon 
the  grounds  and  buildings  under  the  charge 
of  such  commissioner  of  public  charities,  as 
provided  in  chapter  XIII  of  this  act,  and  sub- 
ject to  the  restrictions  therein  contained. 

Hours  of  labor;  discipline. 

Sec.  702.  The  hours  of  labor  required  of  any 
inmate  of  any  institution  under  the  charge 
of  the  commissioner  shall  not  exceed  eight 
hours  per  day  fcr  each  such  person  and  shall 
be  fixed  by  the  commissioner.  In  case  any 
person  confined  in  any  institution  in  the  de- 
partment shall  neglect  or  refuse  to  perform 
the  work  allotted  to  him  by  the  officer  in 
charge  of  such  institution,  or  shall  wilfully 
violate  the  rules  and  regulations  established 
by  the  commissioner  or  resisit  and  disobey  any 
lawful  command,  or  in  case  any  such  person 
shail  offer  violence  to  any  such  officer  or  to 
any  other  prisoner,  or  shall  do  or  attempt  to 
do  any  injury  to  such  institution  or  the  ap- 
purtenances thereof  or  any  property  therein, 
or  shall  attempt  to  escape,  or  shall  combine 
with  anyone  or  more  persons:  for  any  of  the 
aforesaid  purposes,  the  officer  or  officers  of 
such  institution  shall  use  all  suitable  means 
to  defend  themselves,  to  enforce  discipline, 
to  secure  the  persons  of  the  offenders  and  to 
prevent  any  such  attempt  or  escape,  and  it 
shall  be  the  duty  of  the  officer  in  charge  of 
such  institution  in  which  such  person  or  per- 
sons is  or  are  confined  to  punish  him  or  them 
by  solitary  confinement,  and  by  being  fed  on 
bread  and  water  only,  for  such  length  of 
time  asi  may  be  considered  necessary;  but  no 
other  form  of  punishment  shall  be  Imposed, 
and  no  officer  of  any  such  institution  shall 
inflict  any  blows  whatever  upon  any  prisoner 
except  in  self-defense  or  to  suppress  a revolt 
or  insurrection.  In  every  case  the  officer  im- 
posing such  punisihment  shall  forthwith  re- 
port the  same  to  the  commissioner  and  notify 
the  physician  of  the  institution.  It  shall  be 
the  duty  of  such  physician  to  visit  the  person 
so  confined  and  to  examine  daily  into  the 
state  of  his  health  until  he  shall  be  released 
from  solitary  confinement  and  return  to  labor, 
and  to  report  to  the  commissioner  and  to  the 
officer  in  charge  of  such  institution  whenever 
in  ills  judgment  the  health  of  the  prisoner 
shall  require  that  he  should  be  released. 

Accounts;  annual  estimate;  expendi- 

tarcs. 

Sec.  703.  The  commissioner  shall  keep  ac- 
curate and  detailed  accounts,  in  a form  ap- 
proved by  the  controller,  of  all  m6n- 
eys  received  and  expended  by  him,  the 
sources  from  which  they  are  received  and 
the  purposes  for  which  they  are  expended,  i 


and  shall  prepare  itemized  monthly  state- 
ments of  all  receipts  and  expenditures  in  du- 
plicate, one  of  which  statements,  together 
with  all  vouchers,  shall  be  filed  with  the  con- 
troller, and  one  of  which  shall  be  filed  in  his 
own  office.  The  commissioner  shall,  on  or 
before  the  first  day  of  September  in  each 
year,  prepare  an  itemized  estimate  of  the 
necessary  expenses  of  the  department  for  the 
ensuing  fiscal  year,  which  estimate  shall  con- 
stitute the  annual  estimate  of  the  depart- 
ment of  correction,  and  shall  be  submitted  to 
the  board  of  estimate  and  apportionment 
within  the  time  prescribed  by  this  act  for 
the  submission  of  estimates  from  the  several 
departments  of  the  city.  He  shall  incur  no 
expense  for  any  purpose  in  excess  of  the 
amount  appropriated  therefor,  nor  shall  he  ex- 
pend any  money  so  appropriated  for  any  pur- 
pose other  than  that  for  which  it  was  ap- 
propriated. 

Advertisements  for  supplies. 

Sec.  704.  The  commissioner  shall  from  time 
to  time,  as  may  be  necessary,  advertise  in  the 
City  Record  and  the  corporation  newspa- 
pers, for  not  less  than  ten  days  for  pro- 
posals for  all  such  articles  and  supplies  (ex- 
cepting perishable  articles)  as  shall  be  neces- 
sary to  be  used  in  and  for  the  institutions 
in  the  department,  and  shaii  award  contracts 
for  the  same  to  the  lowest  responsible  bid< 
ders  who  shall  give  adequate  security  for  the 
faithful  performance  of  such  contracts.  In 
case  of  an  emergency  the  commissioner  may 
purchase  articles  immediately  required  with- 
out calling  for  competition,  but  the  amount 
expended  by  the  commissioner  for  articles  so 
required  or  for  perishable  articles  shall  not 
exceed  the  sum  of  two  thousand  dollars  dur- 
ing any  one  month. 

Reqnisitiins  and  reports  of  subordi- 
nate oflicers. 

Sec.  705.  Each  superintendent,  warden,  or 
other  chief  officer  of  any  institution  under  the 
charge  of  the  commissioner  shall  make  his 
requisitions  in  writing  upon  the  commissioner 
for  all  articles  deemed  necessary  by  the  said 
officer  to  be  used  in  the  institution  or  insti- 
tutions under  his  charge,  and  shall  keep  an 
accurate  account  of  the  same.  It  shall  also 
be  the  duty  of  each  such  superintendent, 
warden  or  other  chief  officer  to  report  once 
in  each  week  to  the  commissioner  the  num- 
ber of  persons  who  have  been  received, 
discharged  or  transferred,  who  have  be- 
come sick  or  who  have  died,  and  the 
number  remaining  in  the  respective  in- 
stitutions under  their  charge,  the  disci- 
pline which  has  been  maintained,  and 
the  quantity  and  kind  of  labor  performed, 
and  such  other  information  as  the  commis- 
sioner requires. 

Collection  of  fine*. 

Sec.  706.  The  department  of  correction  is 
hereby  authorized  to  demand  and  receive 
fines  imposed  for  intoxication  and  disorderly 
conduct  in  the  city  of  New  York  as  oonsti- 
tuted  by  this  act  in  the  manner  and  for  the 
purposes  now  prescribed  by  law. 

Commitment  of  disorderly  persons  and 
vagrants. 

Sec.  707.  Whenever  any  person  is  convicted 
in  the  city  of  New  York  as  constituted  by  this 
act,  of  public  intoxication,  disorderly  conduct 
or  vagrancy,  the  court  or  magistrate  before 
wkich  or  whom  such  conviction  is  had  shall 
impose  upon  the  person  so  convicted  one  or 
other  of  the  penalties  herein  provided.  Upon 
a charge  of  vagrancy,  the  persons  so  convict- 
ed shall  be  committed  to  the  workhouse  in 
said  city,  or  to  a county  jail,  to  be  detained 
until  discharged  pursuant  to  sections  710  and 
711  of  this  act,  and  for  a ‘term  not  exceeding 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


71 


six  months  from  the  date  of  such  commit- 
ment, and  the  warrant  of  commitment  shali 
so  recite.  All  persons  convicted  of  any  of 
the  offenses  last  mentioned  in  any  of  the 
boroughs  of  the  city  of  New  York  shall  be 
committed  to  the  workhouse  on  Biackwell’s 
Island,  or  to  a county  jail,  except  as  herein- 
after provided,  but  may  be  thereafter  trans- 
ferred by  the  commissioner  to  any  branch 
workhouse  in  the  control  of  the  department. 
Upon  a charge  of  public  intoxication  or  dis- 
orderly conduct,  the  court  or  magistrate 
may  impose  a penalty,  as  follows: 

1.  Commit  the  person  so  convicted  to  the 
said  workhouse  or  jail  to  be  detained  until 
discharged  pursuant  to  sections  710  and  711 
of  this  act,  and  for  a term  not  exceeding  six 
months  from  the  date  of  such  commitment, 
and  the  warrant  of  commitment  shall  so 
recite. 

2.  Impose  a fine  not  exceeding  $10.  Upon 
the  payment  of  the  fine  imposed,  the  person  so 
convicted  shall  be  forthwith  discharged  from 
custody.  If  the  fine  imposed  be  $2  or  less, 
and  be  not  paid  forthwith,  the  person  so  fined 
shall  be  committed  to  a city  prison  or  county 
jail  for  not  exceeding  two  days,  each  day  of 
imprisonment  to  be  taken  as  a liquidation  of 
$1  o_f  the  fine.  If  the  fine  imposed  exceed  the 
sum  of  $2,  and  be  not  paid  forthwith,  the 
court  or  magistrate  shall  commit  the  person 
so  fined  to  a city  prison  or  county  jail  and  the 
warrant  of  commitment  shall  contain  a di- 
rection that  if  the  fine  be  not  paid  before  5 
o’clock  in  the  afternoon  of  the  day  succeed- 
ing such  commitment,  the  person  so  committed 
shall  be  transferred  to  and  detained  in  the 
workhouse  until  discharged  pursuant  to  the 
provisions  of  this  chapter,  and  for  a term  not 
exceeding  six  months  from  the  date  of  :.;uch 
commitment. 

3.  Require  any  person  convicted  of  disorderly 
conduct  to  give  sufficient  surety  or  sureties  for 
his  good  behavior  for  any  time  not  exceeding 
six  months.  In  default  of  giving  such  surety 
forthwith,  the  court  or  magistrate  shall  com- 
mit such  person  to  the  city  prison  or  county 
jail  to  be  thereafter  transferred  to  and  de- 
tained in  the  workhouse  until  such  surety  is 
furnished,  or  until  discharged  pursuant  to  sec- 
tions 710  and  711  of  this  act,  not  exceeding, 
however,  a term  of  six  months  from  the  date 
of  such  commitment.  But  no  such  person  shall 
be  discharged  by  the  commissioner  prior  to  the 
expiration  of  the  time  for  which  he  was  re- 
quired to  give  surety,  except  by  order  of.  the 
magistrate  who  signed  the  last  warrant  cf 
commitment,  granted  as  provided  in  this  chap- 
ter. 

Snpepintendent  of  tlie  worklxouse;  re- 

portfu. 

Sec.  708.  It  shall  be  the  duty  of  the  superin- 
tendent of  the  workhouse  to  ascertain  from  the 
records  thereof,  and  from  examination  and 
inspection  of  the  person  committed  as  afore- 
said, whether  such  person  has,  since  April  4, 
1895,  and  within  two  years  next  preceding  the 
date  of  his  commitment,  been  previously  com- 
mitted to  such  institution  upon  conviction  of 
public  intoxication,  disorderly  conduct,  or  va- 
grancy. Within  twenty-four  hours  after 
the  commitment  of  any  such  person 
to  the  workhouse,  the  said  superintend- 
ent shall  transmit  to  the  commissioner 
a written  statement  showing  the  name,  sex, 
age,  residence,  occupation,  height,  weight  and 
the  color  of  the  hair  of  any  such  person,  and 
describing  any  scars,  marks  or  deformities  or 
other  signs  whereby  such  person  may  subse- 
quently be  identified,  the  date  of  the  commit- 
ment, the  offense  for  which  such  person  was 
committed  and  the  name  of  the  magistrate  by 
whom  the  commitment  was  made.  Such  state- 
ment shall  also  show  whether  such  person' 


has  been  previously  committed  to  such 
institution  within  the  period,  and  for 
any  one  of  the  causes  above  specified, 
and,  if  so,  the  number  of  times  that  such 
person  has  been  so  committed  during  such 
period,  the  date  of  the  last  previous  commit- 
ment of  such  person  for  either  of  said  offenses, 
the  name  of  the  magistrate  by  whom  and  the 
offense  for  which  such  last  previous  commit- 
ment was  made,  and  the  period  of  detention 
under  such  last  previous  commitment. 

Record  of  person.s  comiuittcd. 

Sec.  709.  It  shall  be  the  duty  of  the  commis- 
ei'oner  to  keep  a 'book  or  books  in  which  shail 
be  properly  recorded  the  names  of  all  per- 
sons committed  under  section  707  of  this  act, 
.and  ali  other  facts  which  shall  be  certified  to 
him  by  the  superintendent  of  the  workhouse 
as  herein  required.  Such  book  or  books  are 
hereby  declared  to  be  public  records  and  shall 
be  open  to  public  inspection,  and  shaii  be  in- 
dexed and  kept  so  as  to  show  whether  any 
person  committed,  as  prescribed  by  this  chap- 
ter, has  been  previously  committed  within 
two  years  next  preceding  such  commitment 
for  any  of  the  causes  herein  specified. 

Term  of  detentiou  to  be  fixed  by  com- 
missioner. 

Sec.  710.  Within  three  days  after  che  com- 
mitment of  any  person  as  herein  provided, 
it  shall  be  the  duty  of  the  commissioner  to  as- 
certain from  the  aforesaid  records  whether 
such  person  has  been  committed  to  the  work-  . 
house  after  April  fourth,  eighteen  hundred 
and  ninety-five,  and  within  two  years  next  pre- 
ceding the  date  of  such  commitment  for  pub- 
lic intoxication,  disorderly  conduct  or  va- 
grancy, and  to  make  a written  order  specify- 
ing the  date  at  which  such  person  shall  be 
discharged,  as  follows,  namely:  In  the  case 
of  a person  v/ho  has  not  previously  been  com- 
mitted for  any  one  of  the  offenses  herein 
specified  within  two  years  next  preceding 
the  date  of  his  last  .commitment,  and  after  i 
April  fourth,  eighteen  hundred  and  ninety- 
five,  the  said  order  shall  direct  that  such  per- 
son shall  he  discharged  at  the  expiration  of 
five  days  from  the  date  of  his  commitment; 
in  the  case  of  a person  who  has  been  com- 
mitted once  before  within  the  period  of  two 
years  next  preceding  the  dlay  of  his  commit- 
ment, and  after  April  fourth,  eighteen  hundred 
and  ninety-five,  for  any  of  the  offenses  herein 
specified,  the  said  order  shall  direct  thait  such 
person  shail  he  discharged  at  the  expiration 
of  twenty  days  from  the  date  pf  his  commit- 
ment; and  in  the  case  of  a person  w’ho  has 
been  commifted  more  than  once  during  the 
two  years  next  preceding  the  date 
of  his  commitment,  and  after  April 
fourth,  eighteen  hundred  and  ninety-five, 
for  any  * of  the  offenses  herein  speci- 
fied, the  said  order  shall  direct  that  such 
person  be  discharged  at  the  expiration  of  a 
period  equal  to  twice  the  term  of  his  deten- 
tion under  the  last  previous  commitment, 
but  not  in  any  event  exceeding  six  monchS’; 
provided,  however:  First,  that  in  the  case  of 
a person  committed  upon  conviction  of  va- 
grancy, the  said  order  may  direct  that  the 
said  person  shall  he  discharged  at  the  expira- 
tion of  a period  to  be  fixed  by  the  commis- 
sioner and  stated  therein,  not  exceeding  six 
months  and  not  less  than  the  period  of  deten- 
tion above  specified  for  first  and  subsequent 
commitments,  as  the  case  may  be:  Second,  that 
whenever  che  period  of  detention  of  any  such 
person  under  his  last  previous  commit- 
ment shall  have  exceeded  the  period  of  deten- 
tion provided  for  by  this  section  (either  by 
reason  of  his  detention  on  failure  to  furnish 
surety  for  his  good  behavior  or  by  reason  of 
the  action  of  the  commissioner  upon  a convic- 
1 tiO'U  of  vagrancy),  then  such  excess  of  deten- 


tion under  his  last  previous  commitment 
sha.ll  not  he  considered  by  the  commis,sioner 
in  de'.ermining  the  date  of  his  dist-harge  un- 
der the  existing  commitment.  The  date  of 
any  order  made  pursuant  to  this  section  and 
fhe  name  of  the  person  whose  period  of  ds- 
tention  is  fixed  thereby,  and  the  period  of  de- 
lentiou  therein  specified  shall  be  entered  in 
the  records  required  to  be  kept  by  section 
709  of  this  act,  and  the  said  order  shall  forth- 
with be  transmitted  to  the  .superintendent  of 
the  workhouse.  Upon  the  expiration  of  the 
term  of  detention  specified  therein,  and 
upon  the  discharge  of  the  person  named 
therein  it  shall  he  che  duty  of  such  superin- 
tendent foithwith  to  return  such  order,  with 
a written  certificate  indorsed  thereon  specify- 
ing the  date  of  the  discharge  of  the  person 
named  therein  tO'  the  commissioner,  who  shall 
preserve  the  same  as  a public  record. 
Discliarge  of  pei-soiis  committed. 

Sec.  711.  In  any  case  where  the  period  of 
detention,  os  fixed  by  the  commissioner  shall 
exceed  twenty  days,  and  shall  be  less  than  one 
hundred  and  sixty  days,  the  magistrate  who 
signed  the  last  warrant  of  commitment  may, 
after  the  expiration  of  twenty  days,  direct  the 
discharge  of  any  person  so  committed,  but 
no  such  order  or  mandate  shall  be  granted 
by  any  magistrate  except  upon  the  v/ritten 
certificate  of  the  eemmissioner  specifying  the 
period  of  detention  fixed  by  him  for  the  per- 
son so  committed,  and  upon  an  affidavit  set- 
ting forth  facts  which  in  the  opinion  of  the 
said  magistrate,  shall  justify  such  discharge. 
The  said  affidavit  and  certificate  shall  be 
filed  and  preserved  with  the  complaint  upon 
which  such  person  v/as  last  convicted.  Upon 
any  subsequent  commitment,  under  section 
707  of  this  act,  of  a person  so  discharged,  the 
commissioner  shall  fix  the  period  of  deten- 
tion of  such  person  at  the  term  for  which  he 
would  have  been  detained  under  the  existing 
commitment  if  no  such  order  or  mandate  had 
been  granted. 

Transfer  of  inmates  by  eoinmissioner. 

Sec.  712.  Tho  commissioner  may  transfer 
and  commit  and  cause  to  be  transferred  and 
committed  from  the  workhouse  to  the  city 
prison,  penitentiary  or  to  any  other  of  the  in- 
stitutions in  the  department,  any  person 
committed  to  the  workhouse  under  section 
707  of  this  act,  whenever  such  transfer  shall 
be  necessary  for  the  proper  care  and  manage- 
ment of  such  city  prison,  penitentiarj’'  or 
other  institution  or  for  the  proper  employment 
of  such  person.  The  comnjissioner  may 
also  tranisfer  and  commit  and  cause  to  be 
transferred  from  the  workhouse  to  the  city 
prison  or  penitentiary,  any  person  committed 
to  the  workhouse  under  section  707  of  this 
act,  whenever,  by  reason  of  the  number  of 
offenders  actually  detained  in  such  workhouse 
at  any  time,-  there  shall  not  be  accommoda- 
tion therein  for  all  the  persons  committed 
thereto;  and  in  like  manner  the  commissioner 
may  ti-ansfer  prisoners  from  one  penitentiary 
to  another  penitentiary  within  the  department 
or  from  one  district  prison  to  another  district 
prison  within  the  department,  whenever  it 
may  be  necessary  to  prevent  overcrowding. 
The  commissioner  may  also  transfer  and  com- 
mit or  cause  to  bo  transferred  and  commit- 
ted from  the  city  prison  to  the  workhouse  to 
be  detained  and  employed  therein  any  person 
who  shall  have  been  duly  committed  to  the 
city  prison. 

Alteration  ami  repair  of  bnildinss. 

Sec.  713.  Whenever  the  increase  of  inmates 
in  or  the  proper  care  and  government  of  the 
institutions  in  the  department  shall  in  the 
judgment  of  the  commissioner  render  it  nec- 
essary or  expedient,  he  shall  have  power  to 
enlarge  ox  alter  the  building  or  buildings  oc- 


72 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


cupied  by  such  instituUous;  and  he  shall  also 
have  power  to  make  all  needful  repairs  to 
such  buildings  and  the  appurtenances  thereto, 
provided  that  an  appropriation  has  been  made 
therefor.  The  COTurnissloner  shall  when  practi- 
cable cause  the  work  of  such  alterations  or 
repairs  to  be  done  by  persons  confined  in  such 
institutions. 

Additional  siH^^  to  be  givou  to  iii- 
niates  on  «lis«"lia rf;e. 

Sec.  "14.  In  addition  to  the  donations,  pro- 
vided by  the  general  laws  of  the  state,  to 
be  given  to  inmates  of  penal  institutions  upon 
their  discharge,  the  commiissioner  o’f  correc- 
tions shall  donate  to  each  inmate  serving  a 
term  longer  than  three  years  the  sum  of  five 
dollars  upon  his  discharge. 

CHAPTEU  X7. 

FIHE  DEPAKTMEIVT. 

Title  1.  Organization,  duties  and  powers  of 
officers  and  men. 

2.  Fires  and  their  extinction. 

.3.  Prevention  of  fires;  explosives  and 
combustible  materials. 

4.  Fire  marshals  and  investigation  of 

origin  of  fires. 

5.  Relief  fund  and  pensions. 

6.  Tax  upon  foreign  insurance  com- 

panies. 

TITLE  1. 

014<i-\XJZATI0A,  DUTIES  AAD  POWERS 

OE  ITS  OPFTCEItS  xVND  MEN. 

Eire  eommissioiioi's:  salar.v. 

Sec.  720.  The  head  of  the  department  shall 
be  the  fire  commissioner.  ITe  shall  be  ap- 
pointed by  the  mayor  and  hold  office  as  pro- 
vided in  chapter  four  of  this  act.  The  .salary 
of  the  fire  commissioner  shall  be  seven  thou- 
sand five  hundred  dollars  per  year.  He  may 
designate  in  writing,  to  be  filed  in  the  offices 
of  the  mayor  and  comptroller,  a clerk  or  chief 
of  a bureau,  to  sign  warrants  and  perform 
such  other  duties  incidental  thereto,  as  may 
be  required  during  the  absence,  by  illness  or 
otherwise,  of  the  said  commissioner,  and  for 
a period  of  time  to  be  designated  in  said  no- 
tice. [Thus  amended  by  Chapter  573,  Law's 
of  1898.] 

Deputies. 

Sec.  721.  The  fire  commissioner  shall  ap- 
point a deputy  commissioner,  who  shall  be 
seated  at  the  office  of  the  fire  department  in 
the  borough  of  Brooklyn,  through  whom  such 
business,  duties  and  powers  of  the  fire  depart- 
ment in  the  boroughs  of  Brooklyn  and  Queens 
shall  be  conducted,  performed  and  exercised, 
as  may  be  directed  by  the  fire  commissioner. 
Con.sulidntion  of  depai-tinents;  volun- 
teer «lepiirtmeuts. 

Sec.  722.  Consolidation  of  departments;  vol- 
unteer departments  — The  officers  and  mem- 
bers of  the  uniformed  fofee  and  legally  ap- 
pointed firemen  in  the  corporation  formerly 
ituown  as  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York,  and  in  the  city 
of  Brooklyn  and  in  the  city  of  Long  Island 
City  aro  hereby  made  members  of  the  fire 
department  of  the  city  of  New  York,  as 
hereby  constituted,  and  shall  be  assigned 
to  duty  therein  by  the  fire  commis- 
sioner, with  the  rank  and  grade  now 
held  by  them  respectively,  as  nearly  as  may 
be  practicable.  The  paid  fire  department  sys- 
tem shall,  as  soon  as  practicable,  he  extended 
over  the  boroughs  of  Queens  and  Richmond, 
by  the  fire  commissioner,  and  thereupon  the 
present  volunteer  fire  departments  now  main- 
tained therein  shall  be  disbanded.  Any  real 


property  and  likewise  any  apparatus,  equip- 
ment or  other  personal  property  owned  or 
used  by  said  volunteer  forces  which  may  be 
deemed  useful  or  necessary  for  the  use  of  the 
fire  department,  shall,  upon  extension  of  the 
paid  system  to  the  boroughs  of  Queens  and 
Richmond,  respectively  be  purchased  by  the 
fire  commissioner  at  the  reasonable  value 
thereof.  In  the  meantime,  and  until  the  said 
paid  fire  department  shall  be  extended  over 
said  territory  as  herein  provided,  said  volun- 
teer fire  companies  shall  continue  to  dis- 
charge the  duties  for  which  they  have  been 
associated  or  incorporated,  and  said  companies 
shall  receive  from  the  city  such  sums  as  are 
now  awarded  to  them  by  the  villages  or  towns 
in  which  they  are  respectively  located,  except 
that  in  the  borough  of  Richmond  there  shall 
be  paid  on  the  first  day  of  June  in  each  year 
to  the  treasurers  of  the  several  volunteer  fire 
companies,  by  the  comptroller  of  the  city  of 
New  York,  the  following  sums:  to  the  treas- 
urer of  an  engine  company  twelve  hundred 
dollars,  to  the  treasurer  of  a hook  and  ladder 
company  ten  hundred  dollars,  to  the  treasurer 
of  a hose  company  eight  hundred  dollars,  and 
to  the  treasurer  of  a patrol  company  eight 
■hundred  dollars.  Whenever  hereafter  the  paid 
fire  department  shall  be  extended  into  any 
part  of  the  territory  of  the  city  of  New  York, 
as  hereby  constituted,  in  w'hich  now  or  here- 
after there  .shall  exist  a volunteer  fire  depart- 
ment, such  members  of  said  volunteer  fire  de- 
partment in  said  localil.y  as  may  he  In  active 
service  shall,  so  far  as  practicable,  be  pre- 
ferred for  appointment  as  firemen  in  the  paid 
department  and  the  volunteer  benevolent  as- 
sociations existing  within  said  territory  shall 
pos,sess  all  the  privileges,  and  be  entitled  to 
all  the  rights  now  conferred  by  law  on  such 
associations.  [Thus  amended  by  Chapter  612, 
Law’s  of  1899.] 

Trea.siirer. 

Sec.  723.  The  fire  commissioner  shall  be  the 
treasurer  of  the  fire  department,  and  shall 
file  in  the  office  of  the  controller  a bond  in 
the  sum  of  one  hundred  thousand  dollars  for 
the  faithful  performance  of  his  duties  as 
such  treasurer. 

Powers. 

Sec.  724.  The  fire  commissioner  shall  possess 
and  exercise  fully  and  e.xclusively  all  powers 
and  perform  all  duties  for  the  government, 
management,  maintenance  and  direction  of  the 
fire  department  of  the  city,  and  the  premises 
and  property  thereof.  The  said  department 
shall  have  sole  and  exclusive  power  and  au- 
thority to  extinguish  fires  in  said  city.  All 
real  estate,  fire  aijparatus,  hose,  implements 
tools,  bells  and  bell  towers,  fire  telegraph  and 
all  property,  of  whatever  nature,  in  use  by  the 
firemen  o^r  fire  department  of  the' city,  be- 
longing to  said  city,  shall  be  in  the  keeping 
and  custody  of  the  fire  department,  and  for 
the  use  of  said  department.  But  the  said 
property  shall  remain  the  property  of  the  city 
of  New  York,  subject  to  the  public  uses  oi 
said  department,  as  aforesaid  and  for  the  pur- 
poses provided  by  this  chapter.  And  when- 
ever any  of  the  said  property  shall  no  longer 
be  needed  by  the  said  department  for  the  pur- 
poses of  this  chapter  the  commissioner  shall 
surrender  the  same  to  the  city. 

Horses,  apparatus,  etc.,  to  l»e  pro-vided. 

Sec.  725.  The  fire  commissioner  shall,  sub- 
ject to  the  other  provisions  of  this  act,  have 
full  power  to  provide  supplies,  horses,  tools. 
Implements  and  apparatus  of  any  and  all  kinds 
(to  be  used  in  the  extinguishing  of  fires)  and 
fire  telegraphs,  to  provide  suitable  locations 
tor  the  same  and  to  buy,  sell,  construct,  re- 
pair and  have  the  care  of  the  same,  and  take 


any  and  all  such  action  in  the  premises  as  may 
be  reasonably  necessary  and  proper. 

To  control  and  inanagre  property,  etc. 

Sec.  726.  The  fire  commissioner  shall  pos- 
sess and  exercise  full  and  exclusive  power  and 
discretion  for  the  government,  management, 
maintenance  and  direction  of  the  several 
buildings  and  premises  and  bell  towers  and 
property  and  appurtenances  thereto,  and  all 
apparatus,  hose,  implements  and  tools  of  any 
and  all  kinds  which  may  belong  to  or  be 
in  the  use  of  the  said  department. 

Burcniis. 

Sec.  727.  The  fire  commissioner  shall  have 
power  to  organize  the  fire  department  into 
such  bureaus  as  may  be  convenient  and 
necessary  for  the  performance  of  the  duties 
imposed  upon  him.  One  bureau  shall  be 
charged  with  the  duty  of  preventing  and  ex- 
tinguishing fires  and  of  protecting  property 
from  water  used  at  fires,  the  principal  officer 
of  which  shall  be  called  the  “chief  of  de- 
partment.” Another  bureau  shall  be  charged 
with  the  execution  of  all  laws  relating  to 
the  storage,  sale  and  use  of  combustible 
materials,  the  principal  officer  of  Which  shall 
be  called  “inspector  of  combustibles.”  The 
salary  of  said  inspector  of  combustibles  shall 
be  $3,000  a year.  Another  bureau  shall  be 
charged  with  the  investigation  of  the  origin 
and  cause  of  fires,  the  principal  officers  of 
which  shall  be  called  “fire  marshals.”  A 
branch  of  said  bureau  shall  be  located  in  the 
borough  of  Brooklyn. 

Selection  of  subordinates. 

Sec.  728.  The  fire  commissioner  shall  have 
power  to  select  head.s  of  bureaus  and  assist- 
ants and  as  many  officers  and  firemen  as  may 
be  necessary,  and  they  shall  at  all  times  be 
under  the  control  of  the  fire  commissioner 
and  shall  perform  such  duties  as  may  be 
assigned  to  them  by  him.  under  such  names 
or  titles  a.s  he  may  confer;  provided,  how- 
ever. tha:  assignments  to  duty  and  promo- 
tions in  the  uniformed  force  shall  be 
made  by  the  fire  commissioner  upon 
the  recommendation  of  the  chief  of  de- 
partment, and  in  case  any  recommendation 
so  made  by  the  chief  shall  be  rejected,  he 
shall.  wUhin  three  days,  submit  another 
name  or  names,  and  continue  so  to  do  until 
the  assignmeni;  or  promotion  is  made. 

Location  of  lire  alarm  telegraplx,  etc.j 
penalty  for  interference  tlierewitli. 

Sec.  729.  The  fire  commissioner  shall  have 
exclusive  right  and  power  from  time  to  time 
to  designate  and  fix  the  location  of  all  fire- 
alarm.  telegraph,  signal  and  alarm  stations 
in  the  city,  and  to  have  access  to  and  the 
control  of  the  same  for  the  purposes  of  the 
department,  to  fix  upon  and  adopt  the  colors 
or  combination  of  colors  in  painting  the  poles, 
boxes  and  fixtures  thereof,  and  the  kind  or 
style  of  keys  and  appliances  by  which  to  op- 
erate the  same;  to  select  and  designate  the 
places  of  deposit  for  keeping  the  keys  of  the 
various  stations,  and  to  designate  the  officers 
and  persons  who  shall  be  intrusted  with  du- 
plicate keys  and  authorized  to  use  the  same, 
and  to  make  from  time  to  time  such  rules  and 
regulations  governing  the  possession,  re- 
turn, or  use  thereof,  and  as  to  the  use  and  con- 
trol of  said  telegraph,  as  he  may  deem 
necessary;  and  no  person  other  than  the  said 
commissioner  or  the  officers  and  employes 
specially  authorized  to  operate  said  telegraph, 
or  to  use  the  saro.e  for  instruction  or  drill,  or 
policemen  or  citizens  using  the  same  for  com- 
municating an  actual  alarm  of  fire,  shall  make 
use  thereof;  and  no  person  shall  use  the  keys 
or  appliances  thereof  for  communicating  a 
false  alarm,  or  experimenting  or  tampering 
with  the  same  for  any  purpose  whatever,  or 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


73 


have  or  possess  any  key  thereof,  without  such 
authority;  and  no  person,  association,  corpO- 
raCion,  or  company,  shall  post,  paint,  impress, 
or  in  any  way  affix  to  any  pole  connected  with 
said  fire-alarm  telegraph,  or  any  box,  wire,  or 
other  appliance  connected  therewith,  any  plac- 
ard, sign,  broadside,  notice,  or  announcement 
of  any  kind,  or  cut,  mutilate,  alter,  mar,  de- 
face, cover,  obstruct  or  interfere  with  the 
same  in  any  manner  whatsoever  or  paint  or 
cause  to  be  painted,  the  poles  of  any  other 
telegraph,  or  any  other  poles  on  the  lines  there- 
of, of  a similai  color  or  colors,  or  in  imitation 
thereof,  nor  consent,  allow,  or  be  privy  to  any 
of  said  things  being  done  for  them  or  upon 
their  behalf;  and  any  offense  against  the  pro- 
visions of  this  section  shall  be  punished  as  a 
misdemeanor,  and  subject  the  party  or  parties 
violating  the  same  to  an  additional  penalty 
of  $100.  No  kite  shall  be  flown,  raised,  oi 
put  up  in  the  streets  or  avenues  adjacent  to 
the  lines  of  said  telegraph,  or  allowed  to  be 
come  entangled  with  the  wires  or  apparatus 
of  said  telegraph,  under  a penalty  of  $10  for 
every  such  offense;  and  the  police  board  and 
their  officers  are  specially  charged  and  di- 
rected to  aid  in  the  enforcement  of  this  sec- 
tion. 

Ba.sines.s  ofiioes;  seal. 

Sec.  730.  The  said  fire  commissioner  shali, 
subject  to  the  other  provisions  of  this  act, 
provide  such  offices  and  business  accommo- 
dations as  may  be  requisite  for  the  transac- 
tion of  [he  business  of  the  department  and 
that  of  its  subordinates.  The  commissioner 
may  adopt  a common  seal  and  direct  its 
use. 

Saits  and  actions. 

Sec.  731.  The  fire  commissioner  is  hereby 
authorized,  empowered  and  especially  charged 
with  the  duties  of  enforcing  the  several  pro- 
visions of  this  chapter,  and  may,  subject  to 
the  other  provisions  of  this  act,  incur  any  ex- 
pense necessary  and  proper  therefor,  and  said 
fire  commissioner  is  hereby  authorized  and 
empowered  to  receive  and  collect  all  license 
fees  mentioned  in  this  chapter,  and  to  sue 
for,  and  shall  have  the  exclusive  right  of 
recovery  of,  any  and  all  penalties  imposed  un- 
der this  chapter,  and  may  sue  for  and  re- 
cover and  collect  the  same,  with  costs,  in 
the  manner  provided  for  in  actions  under 
the  code  of  civil  procedure,  and  shall  apply 
the  same  to  the  uses  and  purposes  of  the  re- 
lief fund  of  the  fire  department  in  the  city  of 
New  York,  and  the  said  fire  commissioner 
may  bring  any  suit  or  action  for  the  enforce- 
ment of  its  rights  and  contracts,  and  for 
the  protection,  possession  and  maintenance 
of  the  property  under  the  control  of  said  de- 
partment, and  any  action  to  recover  any  fee, 
fine  or  penalty  under  this  chapter  may  be 
brought  in  any  of  the  municipal  courts  in  said 
city,  and  the  assistant  corporation  counsel 
assigned  to  the  fire  department  shall,  under 
the  direction  of  the  fire  commissioner,  take 
charge  of  the  prosecution  of  all  suits  or 
proceedings  instituted  for  the  recovery  and 
collection  of  penalties,  and  the  enforcement 
of  the  several  provisions  of  this  chapter; 
collect  and  receive  all  moneys  upon  judg- 
ments, suits  or  proceedings  so  instituted; 
pay  all  costs  and  disbursements,  and  discon- 
tinue suits  and  proceedings  and  execute  sat- 
isfaction of  judgments  upon  payment  of  pen- 
alties or  costs,  and  in  compliance  with  orders 
made  in  such  suits  and  proceedings;  shall 
keep  a correct  and  accurate  register  of  all 
suits  and  proceedings,  and  account  for  all 
moneys  received  and  paid  out  thereon;  and 
shall  pay  over  to  the  treasurer  of  the  relief 
fund  the  amount  of  alt  license  fees,  penalties 
and  moneys  rfeceived  and  collected  by  him, 
and  the  said  fire  commissioner  is  authorized 


I 

to  settle  or  compromise  any  such  suit  or 
judgment  for  less  than  the  amount  of  the 
same,  in  case,  in  his  judgment,  he  is  satis- 
fied that  the  full  amount  cannot  be  collected. 

Members  «of  force  to  decline  nomina- 
tions to  office. 

Sec.  732.  Any  officer  or  member  of  the  uni- 
formed force  of  said  department  who  shall 
be  publicly  nominated  for  any  office,  elect- 
ive by  the  people,  and  who  shall  not  decline 
the  said  nomination  within  ten  days  succeed- 
ing notice  of  the  same,  shall  be  deemed  to 
have  vacated  his  office  in  the  fire  department. 

Uniforms  and  badges. 

Sec.  733.  It  shall  be  the  duty  of  the  fire 
commissioner  to  make  suitable  regulations 
under  which  the  officers  and  men  of  the 
fire  department  shall  be  required  to  wear  an 
appropriaie  uniform  and  badge,  by  which  in 
case  of  fire  and  at  other  times  the  authority 
and  relations  of  such  officers  and  men  in  said 
department  may  be  known  as  the  exigency 
of  their  duties  may  require.  It  shall  be  a 
misdemeanor,  punishable  by  imprisonment  for 
a period  of  not  less  than  sixty  days,  for  a 
person  not  enrolled  or  employed,  or  appoint- 
ed by  the  said  department,  to  wear  the  whole 
or  any  part  of  the  uniform  or  insignia  pre- 
scribed to  be  worn  by  the  rules  or  regula- 
tions of  the  fire  department,  or  do  any  act 
as  fireman  not  duly  authorized  by  the  com- 
missioner, or  to  interfere  with  the  property 
or  apparatus  of  the  fire  department  in  any 
manner  unless  by  the  authority  of  the  fire 
commissioner.  Any  person  who  shall  false- 
ly represent  any  member  of  the  uniformed 
force  of  the  fire  department,  or  who  shall 
maliciously,  with  intent  to  deceive,  use,  or 
imitate  any  of  the  signs,  fire  caps,  badges, 
signals  or  devices  adopted  or  used  by  the 
said  department,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  subject  to  a fine 
of  not  less  than  $25  or  more  than  $250,  and 
to  imprisonment  for  a term  not  less  than  ten 
days,  or  more  than  three  months,  such  fines 
when  collected  to  be  paid  over  to  the  trus- 
tees of  the  New  York  fire  department  relief 
fund. 

Qaalifications  of  force. 

Sec.  734.  No  person  shall  be  appointed  to 
membership  in  the  fire  department  or  con- 
tinue to  hold  membership  therein,  who  is  not 
a citizen  of  the  United  States,  or  who  has 
ever  been  convicted  of  felony;  nor  shall  any 
person  be  appointed  who  cannot  read  and  write 
understandingly  in  the  English  language,  or 
who  shall  not  have  resided  within  the  state 
one  year  immediately  prior  to  his  appoint- 
ment, or  who  is  not  over  the  age  of  twenty-one 
and  under  the  age  of  thirty  years. 

Resignations  and  absences. 

Sec.  735.  No  member  of  the  fire  department 
shall,  under  penalty  of  forfeiting  the  salary 
or  pay  which  may  be  due  to  him,  withdraw  or 
resign,  except  by  permission  of  the  fire  com- 
missioner. Unexplained  absence,  without 
leave,  of  any  member  of  the  uniformed  force, 
for  five  days^  shall  be  deemed  and  held  to  be 
a resignation  by  such  member,  and  accepted 
as  such. 

Military  and  jnry  dnty;  arrest. 

Sec.  736.  No  person  holding  office  under  this 
department  shall  be  liable  to  military  or  jury 
duty,  nor  to  arrest  on  civil  process,  or,  whilst 
actually  on  duty,  to  service  of  subpenas  from 
civil  courts. 

Warrants  of  appointment. 

Sec.  737.  Every  member  of  the  uniformed 
force  shall  have  Issued  to  him  a proper  war- 


rant of  appointment  signed  by  the  fire  com- 
missioner. 

Oaths  of  office. 

Sec.  738.  Each  member  of  the  uniformed 
force  shall  take  an  oath  of  office,  and  sub- 
scribe the  same  before  an  officer  of  the  de- 
partment empo.wered  to  administer  an  oath. 
Discipline,  etc. 

Sec.  739.  The  government  and  discipline  of 
the  fire  department  shall  be  such  as  the  fire 
commissioner  may,  from  time  to  time,  by  rules, 
regulatione  and  orders  prescribe.  The  fire 
commissioner  shall  have  power,  in  his  dis- 
cretion, on  conviction  of  a member  of  the 
force  of  any  legal  offense  or  neglect  of  duty, 
or  violation  of  rules,  or  neglect  or'  disobedi- 
ence of  orders,  or  incapacity,  or  absence  with- 
out leave,  or  any  conduct  injurious  to  the 
public  peace  or  welfare,  or  immoral  conduct, 
or  conduct  unbecoming  an  officer  or  member 
or  other  breach  of  discipline,  to  punish  the 
offending  party,  by  reprimand,  forfeiting  and 
withholding  pay  for  a specified  time,  or  dis- 
missal from  the  force;  but  no  more  than  ten 
days’  pay  shall  be  forfeited  and  withheld  for 
any  offense.  Officers  and  members  of  the 
uniformed  force  'shall  be  remova’ble  only  af- 
ter written  charges  shall  have  been  preferred 
against  them,  and  after  the  charges  shall  have 
bee.n  publicly  examined  into,  upon  such  rea- 
sonable notice  to  the  person  charged,  and  in 
such  manner  of  examination  as  the  rules  and 
regulations  of  the  fire  commissioner  may  pre- 
scribe. The  examination  into  such  charges 
shall  be  conducted  by  the  fire  commltsioner 
or  by  the  deputy  commissioner;  but  no 
decision  shall  be  final  or  be  enforced, 
until  approved  by  the  fire  commissioner. 

No  member  of  the  uniformed  force  shall  be. 
permitted  to  contribute  any  moneys  directly 
or  indirectly  to  any  political  fund,  or  to  join 
or  become  or  be  a member  of  any  political 
club  or  association,  or  of  any. club  or  associa- 
tion intended  to  affect  legislation  for  or  on 
behalf  of  the  fire  department  or  any  officer 
or  member  thereol,  or  to  contribute  any 
money  directly  or  v'ldire.crly  for  such  purpose. 

The  rules  and  regulations  now  established 
in  the  respective  fire  departments  of  the  city 
of  New  York,  the  city  of  Brooklyn,  and  Long 
Island  City,  shall  bonitinue  in  force  until  mod- 
ified or  repealed  by  said  commissioner.  The 
rules  and  regulations  of  the  fire  department, 
when  established  by  the  fire  commissioner, 
shall  'be  printed,  published  and  circulated 
among  the  | officers  and  members  of  said  de- 
partment. 

Gi'ades,  ranks  ami  salaries  of  officers 

and  members  of  tlie  nniformed  force. 

Sec.  740.  The  ranks  and  salaries  of  officers 
of  the  fire  department  shall  be  as  follows: 
Chief  of  department,  whose  annual  salary 
shall  be  not  more  than  six  thousand  dollars 
nor  less  than  five  thousand  dollars:  deputy 
chiefs  of  department,  whose  annual  salary 
shall  be  not  more  than  four  thousand 
five  hundred  dollars,  nor  less  than 
three  thousand  five  hundred  dollars; 
battalion  chiefs,  whose  annual  salary  shall 
be  not  more  than  three  thousand  five  hundred 
dollars  nor  less  than  two  thousand  seven 
hundred  and  fifty  dollars;  captains  or  fore- 
men' of  companies  whose  annual  salary  shall 
be  not  more  than  two  thousand  five  hundred 
dollars  nor  less  than  eighteen  hundred  dol- 
lars; lieutenants  or  assistant  foremen  of  com- 
panies, whose  annual  salary  shall  he  not  more 
Chan  eighteen  hundred  dollars  nor  less  chan 
one  thousand  five  hundred  dollars;  engineers 
of  steamers,  whose  annual  salary  shall  be 
one  thousand  six  hundred  dollars. 

Prom  and  after  January  1,  1898,  the  uni- 
formed members  of  the  fire  department  who 
are  flremea  shall  he  divided  ifi'to  four  grades 


74 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


to  wit.  first,  second,  third  and  fourth,  and 
s'hail  receive  an  annual  pay  or  compensation 
as  follows:  Members  of  the  first  grade,  four- 
teen hundred  dollars;  members  of  the  second 
grade,  twelve  hundred  dollars;  members  of 
the  third  grade,  one  thonsand  dollars,  and 
members  of  the  fourth  grade,  eight  hundred 
dollars. 

The  members  of  the  uniformed  force  who 
are  appointed  aker  January  1,  1898,  shall  be 
assigned  to  fhe  fourth  grade;  after  one  year 
O'f  service  in  the  fourth  grade  they  shall  be 
advanced  to  the  third  grade;  after  one  year  of 
service  in  the  third  grade  they  shall  be  ad- 
vanced to  the  second  grade;  after  one  year  of 
service  in  »the  second  grade  they  shall  be  ad- 
vanced to  the  first  grade;  and  fhey  shall  in 
each  instance  receive  the  annual  pay  or  com- 
pensation of  the  grade  to  which  they  belong 
as  herein  provided. 

All  persons  who,  when  this  act  takes  effect, 
are  firemen  in  the  uniformed  force  of  tho 
fire  department  of  the  corptration  heretofore 
known  as  the  maycr,  aldermen  and  common- 
alty of  the  city  of  New  York,  or  of  the  city 
of  Brooklyn,  or  of  the  corp- ration  heretofore 
known  as  Long  Island  City,  shall  thereupon 
become  firemen  of  that  grade  having  a sal- 
ary thereto  attached  equal  to  the  salary  or 
compensation  paid  such  firemen,  respectively, 
at  the  time  of  the  taking  effect  of  this  act; 
provided,  however,  that  any  such  fireman  who 
has  been  a member  of  the  uniformed  force  in 
the  city  of  Brooklyn,  or  in  Long  Island  City, 
whose  salary  falls  betwe-en  any  two  of  the 
grades  hereby  established,  shall  within  three 
years  have  his  salary  made  equal  to  the  sal- 
ary of  the  first  grade  by  equal  annual  addi- 
tions. 

Nothing  in  this  section  contained  shall  be 
construed  to  change  in  any  way  the  salaries 
or  grading,  present  or  prospective,  of  the 
firemen  w'ho  are  or  shall  become  members  of 
the  uniformed  force  of  the  New  York  fire  de- 
partment prior  to  January  1,  1898;  and  nothing 
In  this  section  contained  shall  be  construed 
to  affect  in  any  other  way  than  as  provided 
herein  the  rights  and  privileges'  secured  un- 
der the  provisions  of  this  act  to  uniformed 
members  of  the  various  fire  departments 
consolidated  into  one  department  by  this  act. 

The  pay  or  compensation  of  the  officers  of 
the  fire  department  and  each  of  them  men- 
tioned in  the  first  paragraph  of  this  section, 
and  also  the  pay  or  compensation  of  district 
engineers  and  officers  ranking  as  such,  and 
of  any  other  officers  who,  when  this  act  takes 
effect,  belong  to  the  uniformed  force  of 
either  of  the  fire  departments  hereby  con- 
solidated into  one  department,  shall  be  and 
remain  fixed  at  the  amount  which  they  and 
each  of  them  were  severally  receiving  or 
entitled  to  receive  from  the  respective  muni- 
cipal corporations  in  whose  employ  they  were 
prior  to  the  taking  effect  of  this  act;  provided, 
however,  that  the  salaries  of  all  such  officers 
In  either  of  said  fire  departments  other  than 
the  New  York  department,  so  consolidated 
into  one  department,  shall  be  made  equal  to 
the  salaries  of  corresponding  officers  in  said 
New  York  department,  within  three  years 
from  January  1,  18S8,  by  equal  annual  addi- 
tions; and  provided  further  that  if  the  differ- 
ence in  the  pay  received  by  such  officers  and 
the  pay  received  by  corresponding  officers  of 
the  New  York  fire  department  as  heretofore 
existing,  is  not  more  than  $50,  when  this  act 
takes  effect,  the  pay  shall  be  equalized  at 
once. 

The  pay  or  compensation  aforesaid  shall  be 
paid  monthly  to  each  person  entitled  thereto, 
subject  to  such  deductions  each  month  from 
the  pay  or  compensation  of  said  persons  as 
are  or  shall  be  authorized  by  law  or  by  this 
•ct;  and  no  pay  or  compensation  shall  be 


allowed  or  paid  to  any  such  fireman  or  offi- 
cer, except  as  in  this  section  provided  for  and 
declared,  any  other  law  to  the  contrary  or 
otherwise  notwithstanding. 

Police  department  to  co-operate. 

Sec.  741.  It  shall  be  the  duty  of  the  fire 
department  and  of  the  police  department, 
their  respective  officers  and  men,  to  co- 
operate together  in  all  proper  ways,  and  the 
said  police  department  and  fire  department 
may  respectively  provide  for  protection 
against  fire  and  for  the  arrest  of  all  persons 
who  may,  at  or  near  any  fire,  commit  or  at- 
tempt to  commit  any  crime  against  the  laws 
ot  this  state,  or  violate  any  rule  or  regula- 
tion of  said  police  department  or  fire  de- 
partment. 

TITLE  2. 

FIRES  AND  THEIR  EXTINCTION. 
Right  of  T\-ny;  oh.structing-. 

Sec.  748.  The  officers  and  men  of  the  fire 
department,  with  their  apparatus  of  all  kinds, 
when  on  duty,  shall  have  the  right  of  way 
at  any  fire  in  any  highway,  street  or  avenue, 
over  any  and  all  vehicles  of  any  kind,  except 
those  carrying  the  United  States  mail.  And 
any  person  in  or  upon  any  vehicle  who  shall 
refuse  the  right  of  way,  or  in  any  way  ob- 
struct any  fire  apparatus,  or  any  of  said  offi- 
cers while  in  the  performance  of  duty,  shall 
be  guilty  of  misdemeanor  and  be  liable  to 
punishment  for  the  same. 

Hose-hridges  on  railway  tracks. 

Sec.  749.  The  fire  commissioner  is  empow- 
ered to  provide  for  the  laying  over  the  rail- 
way tracks  of  the  city,  the  hose  used  by  the 
department  for  the  extinguishment  of  fire,  by 
such  hose  bridges  as  he  may  deem  necessary. 
The  various  railway  companies  operating  cars 
within  the  limits  of  the  city  of  New  York  as 
constituted  by  this  act,  shall  provide  pay  for 
and  use  such  hose  bridges  as  may  be  desig- 
nated by  the  said  commissioner. 

Fire  liydrants  not  to  toe  otostrncted. 

Sec.  750.  No  person  shall  in  any  manner  ob- 
struct the  use  of  any  fire  hydrant  in  said  city, 
or  allow  any  snow  or  ice  to  be  thrown  or  piled 
upon  or  around  the  same,  or  have  or  place, 
or  allow  to  be  placed,  any  material  in  front 
thereof,  from  the  curb  line  to  the  center  of 
the  street,  and  to  within  ten  feet  from  either 
side  thereof,  and  all  snow  and  ice  accumu- 
lating within  such  space  shall  be  removed  by 
the  owner  or  owners,  lessee  or  lessees,  ot  the 
premises  fronting  the  same  in  the  same  man- 
ner as  is  prescribed  for  the  keeping  clear  of 
the  sidewalk,  under  a penalty  of  $10  for  each 
and  every  such  offense;  and  any  and  all  ma- 
terial found  as  an  obstruotion,  as  aforesaid, 
may  be  forthwith  removed  by  the  officers  or 
employes  of  said  department,  and  at  the  risk, 
cost  and  expense  of  the  owner  or  claimant, 
and  said  fire  commissioner  may  take  all  prop- 
er measures  to  keep  said  hydrants  from  freez- 
ing, and  in  proper  condition  for  use  at  all 
times. 

Sapi)ers  and  miners. 

Sec.  751.  The  fire  commissioner  is  hereby 
empowered  and  directed  fo  maintain  in  the 
fire  department  a.  corps  to  be  known  as  the 
corps  of  sappers  and  miners.  Said  corps  shall 
be  composed  of  not  exceeding  three  members, 
either  officers  or  private  firemen,  of  each  com- 
pany in  said  fire  department,  and  said  mem- 
bers shall  be  appointed  by  said  commissioner, 
upon  the  nomination  of  the  chief  of  depart- 
ment. The  said  commissioner  shall  appoint 
a suitable  officer,  who  shall  he  skilled  in  the 
use  of  explosives,  whose  duty  it  shall  be  to 
Instruct  and  drill  said  corps  in  the  use  of  ex- 
plo'sives,  and  to  give  said  corps  such  otjjer 
instruction  as  may  be  required  to  qualify 
them  to  effectually  discharge  the  duties  im- 


posed upon  them  by  this  title.  Such  officer 
shall  receive  an  annual  salary  of  $2,000,  and 
such  salary  shall  be  raised  and  paid  in  the 
same  manner  as  the  salaries  oif  the  other  offi- 
cers appointed  by  said  commissioner. 

I«I.;  duties  of. 

Sec.  752.  Whenever,  under  and  by  virtue  ot 
the  acts  relating  to  the  extinguishment  of 
fires  in  the  city,  the  destruction  or  pulling 
down  of  any  building  or  buildings  shall  be 
deemed  necessary  and  shall  be  ordered  by  the 
officer  in  command  at  any  fire  in  said  city, 
it  shall  be  the  duty  of  said  corps,  or  any 
member  or  members  thereof,  by  the  direction 
of  said  officer  in  command  at  such  fire,  to 
level  and  destroy  such  building  or  buildings, 
by  the  use  of  explosives,  for  the  purpose  of 
arresting  the  spread  of  such  fire,  and  it  shall 
be  lawful  for  them  to  enter  and  take  posses- 
sion of  the  same  for  such  purposes. 

Eiplosives;  depots  for  storage  of. 

Sec.  753.  The  fire  commissioner  shall  estab- 
lish in  the  city  of  New  York,  one  or  more 
depots  for  the  storage  and  safe  keeping  of 
such  explcsives  as  may  be  re'quired  for  the 
use  of  said  corps,  and  may  limit  the  quantity 
of  any  such  explosives  to  be  kept  at  any  one 
of  such  depots. 

Pulling  down  tonildiiigs  to  prevent 

si»read  of  fire. 

Sec.  754.  When  any  building  or  buildings  in 
the  city  of  New  York  shall  be  on  fire,  it  shall 
be  lawful  for  the  fire  commissioner  to  direct 
and  order  the  same,  or  any  other  building 
which  he  may  deem  hazardous,  and  likely  to 
take  fire,  or  to  convey  the  fire  to  other  build- 
ings, to  be  gulled  down  or  destroyed.  Upon 
the  application  of  any  person  interested  in 
such  building  so  pulled  down  or  destroyed, 
to  the  supreme  court,  in  and  for  the  county  or 
any  adjoining  county,  in  the  judicial  depart- 
ment within  which  such  building  is  situated, 
it  Shall  be  its  duty  to  issue  a precept  for  a 
jury  to  inquire  into  and  assess  the  damages 
which  the  owners  of  such  building  and  all 
persons  having  an  estate  or  interest  therein 
have  respectively  sustained  by  the  pulling 
down  or  destruction  thereof;  which  precept 
shall  be  iiitued,  directed,  executed,  returned 
and  proceeded  upon,  and  the  proceedings  there- 
on shall  take  effect,  as  nearly  as  may  be,  in 
such  manner  as  is  provided  in  the  case  of  land 
taken  for  public  purposes;  and,  the  said  in- 
quiry and  assessment  having  been  confirmed 
by  the  court,  the  sums  assessed  by  the  jury 
shall  be  paid  by  the  city  of  New  York  to  the 
respective  persons  in  whose  favor  the  jury 
shall  have  assessed  the  same,  in  full  satisfac- 
tion of  all  demands  of  such  persons  respective- 
ly, by  reason  of  the  pulling  down  or  destruc- 
tion of  such  building;  and  the  court  before 
whom  such  process  shall  be  returnable  shall 
have  power  to  compel  the  attendance  of  ju- 
rors and  witnesses  upon  any  such  assessment 
of  damages. 

Idle  pei'sons,  etc.,  may  toe  x'emoved 

from  lii-es. 

Sec.  755.  During  the  actual  prevalence  of 
any  fire,  it  shall  and  may  be  lawful  for  the 
officers  of  the  police  and  fire  departments 
to  remove,  or  cause  to  be  removed  and  kept 
away  from  the  vicinity  of  such  fire  all  idle 
and  suspicious  persons,  and  all  persons  not 
fit  to  be  employed  or  not  actually  and  use- 
fully employed,  in  their  judgment,  in  aiding 
the  extinguishment  of  such  fire  or  in  the 
preservation  of  property  in  the  vicinity  there- 
of. 

TITLE  3. 

PREVENTION  OF  FIRES— EXPLOSIVES 

AND  COMBUSTIBLE  MATERIALS. 

Sliavings;  liow  to  toe  stowed  away. 

Sec.  760.  All  carpenters  or  others  jp  said  city 
making  or  using  shavings  shall,  at  the  close 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORH. 


75 


of  each  day,  cause  the  same  to  be  securely 
stowed  in  some  safe  place  remote  from  danger 
by  fire,  under  the  penalty  of  $5  for  each  O'mis- 
sion  to  do  so.  No  person  shall  kindle  anj'  fire 
nor  furnish  the  materials,  nor  in  any  way 
authorize  or  allow  any  fire  to  be  made  in  any 
street,  road,  alley,  lane  or  upon  any  pier, 
wharf  or  bulkhead  in  the  city,  except  under 
such  regulations  as  shall  be  established  by 
the  fire  commissioner,  under  a penalty  of  $10 
for  each  and  every  such  offense.  If  any  chim- 
ney, stove  pipe  or  flue  within  the  city  shall 
take  fire  the  occupant  of  the  premises  to  which 
such  chimney,  stove  or  flue  appertains  shall 
forfeit  the  sum  of  $5. 

Hoistways,  iron  sliutters,  etc.,  to  be 

closed. 

Sec.  761.  All  hoistways,  well  holes,  trap 
doors  and  iron  shutters  shall  be  closed  at  the 
completion  of  the  business  of  each  day  by  the 
occupant  of  the  building  having  use  or  control 
of  the  same,  and  in  case  of  a violation  of  this 
provision  such  occupants  having  the  use  or  con- 
trol th'.re  shall  forfeit  and  pay  a penalty  of 
$50  for  each  and  every  neglect  or  omission  so 
to  do.  And  for  any  accident  or  injury  to  life 
and  limb,  resulting  directly  or  indirectly  from 
any  neglect  or  omission  to  properly  comply 
with  any  of  the  requirements  of  this  section, 
the  person  or  persons  culpable  or  negligent  in 
respect  thereto  shall  be  liable  to  pay  any  offi- 
cer, agent  or  employe  of  said  fire  department 
injured,  or  whose  life  may  be  lost  (resulting 
from  such  neglect  or  omission)  while  in  the 
discharge  or  performance  of  any  duty  imposed 
by  said  commissioner,  or  to  the  wife  and  chil- 
dren, or  to  the  parents,  or  to  the  brothers  and 
sisters,  being  the  surviving  heirs  at  law  of  any 
deceased  person  thus  having  lost  his  life,  a 
sum  of  money,  in  case  of  injury  to  person,  not 
less  than  $1,000,  and  in  case  of  death  not  less 
than  $5,000,  such  liability  to  be  determined 
and  such  sums  recovered  in  an  action  to  be  in- 
stituted by  said  fire  commisisoner  for  and  in 
behalf  of  any  person  injured,  or  the  family 
or  relatives  of  any  person  killed  as  aforesaid; 
and  any  and  all  persons  for  any  fire,  resulting 
from  his  or  their  willful  or  culpable  negli- 
gence or  criminal  intent  or  design,  shall,  in  ad- 
dition to  the  present  provisions  of  law  for  the 
punishment  of  persons  convicted  of  arson, 
be  liable  in  a civil  action  for  the  payment  of 
any  and  all  damages  to  the  person  and  prop- 
erty, the  result  of  such  fire,  and  also  for  the 
payment  of  all  costs  and  expenses  of  said  fire 
department  incurred  in  and  about  the  use  of 
employes,  apparatus  and  materials  in  the  ex- 
tinguishment of  any  fire  resulting  from  such 
cause,  the  amount  of  such  costs  and  expenses 
to  be  fixed  by  said  commissioner,  and  when 
collected  shall  be  paid  into  the  relief  fund  of 
said  department  herein  created;  and  shall  also 
be  liable  for  injury  to  person  or  loss  of  life 
of  any  officer,  agent  or  employe  of  said  fire 
department  in  the  same  manner  and  like  ex- 
tent, and  to  be  sued  for  in  like  manner  as  in 
the  preceding  part  of  this  section  provided  for. 

liiShtH,  precantiojis  against  fire  and 

nse  of  aisles  in  i>laces  of  ainnsement. 

Sec.  762.  All  lights  used  in  theaters  and 
other  places  of  public  amusement,  manufac- 
tories, stores,  hotels,  lodging  houses  and 
in  show  windows  shall  be  properly  protected 
by  globes  or  glass  coverings,  or  in  such  other 
manner  as  the  fire  commissioner  shall  pre- 
scribe. The  owners  and  proprietors  of  ail 
manufactories,  hotels,  tenement  houses,  apart- 
ment houses,  office  buildings,  boarding  aiid 
lodging  houses,  warehouses,  stores  and  offices, 
theaters  and  music  halls,  and  the  authorities 
or  persons  having  charge  of  all  hospitals 
and  asylums,  and  of  the  public  schools  and 
other  public  buildings,  churches  and  other 
places  where  large  numbers  of  persons  are 


congregated  for  purposes  of  worship,  instruc- 
tion or  amusement,  shall  provide  such  means 
of  communicating  alarms  of  fire,  accident  or 
danger,  to  the  police  and  fire  departments  re- 
spectively as  the  fire  commissioner  or  police 
board  may  direct,  and  shall  also  provide  such 
fire  hose,  fire  extinguishers,  buckets,  axes, 
fire  hooks,  fire  doors  arid  other  means  of  pre- 
venting and  extinguishing  fires  as  said  fire 
commissioner  may  direct.  In  every  building 
used  or  occupied  as  a hotel,  lodging  house 
or  public  or  private  hospital  or  asylum,  there 
shall  be  employed  by  the  owner  or  proprietor, 
or  other  person  or  persons  having  the  charge 
or  management  thereof,  one  or  more  w'atch- 
men,  v/hose  exclusive  duty  it  shall  be  to  visit 
every  portion  of  such  building,  at  regular 
and  frequent  intervals,  under  rules  and  reg- 
ulations to  be  established  by  the  fire  commis- 
sioner, for  the  purpose  of  detecting  fire  or 
other  sources  of  danger,  and  giving  timely 
warning  thereof  to  the  inmates  of  the  build- 
ing. In  every  room  in  each  of  said  build- 
ings there  shall  be  posted  a card,  upon 
which  shall  be  printed  a diagram  showing 
the  exits,  halls,  stairways,  elevators  and  fire 
escapes,  and  in  the  halls  and  passageways, 
signs  shall  be  posted  indicating  the  location 
of  the  stairs  and  fire  escapes.  In  each  of 
the  said  buildings  there  shall  be  placed  and 
provided  electrical  or  other  alarms  and  time 
detectors,  to  be  approved  by  the  fire  com- 
missioner, by  means  of  which  the  movements 
of  said  watchman  may  be  recorded,  • and 
through  which  alarms  of  fire  or  other  danger 
may  be  instantly  communicated,  by  means 
of  bells  or  gongs,  to  every  portion  of  the 
building.  Said  electrical  apparatus,  and  all 
other  appliances  placed  or  kept  within  any 
of  said  buildings  for  the  purpose  of  prevent- 
ing or  extinguishing  fires,  or  for  affording 
means  of  escape  therefrom  in  case  of  fire, 
shall  be  kept  at  all  times  in  good  working  or- 
der and  proper  condition  for  immediate  use, 
and  any  member  of  the  uniformed  force  of 
said  department  may  enter  any  of  the  said 
buildings  at  any  time  for  the  pur- 
pose of  inspecting  said  apparatus  or  ap- 
pliances. The  fire  commissioner  may  detail,  not 
to  exceed  two  members  of  the  uniformed 
force  of  said  department,  at  each  and  every 
place  of  amusement  where  machinery  and 
scenery  are  in  use,  while  such  place  is  open 
to  the  public,  whose  duty  it  shall  be  to  guard 
against  fire,  and  who  sh^ll  have  charge  and 
control  of  the  means  provided  for  its  ex- 
tingui^ment,  apd  shall  have  control  and 
direction  of  the  employes  of  the  place  to 
which  they  may  be  detailed  for  the  purpose 
of  extinguishing  any  fire  which  may  occur 
therein.  It  shall  also  be  the  duty  of  such 
member  or  members  of  the  uniformed  force 
of  said  department  to  inspect  every  portion 
of  the  building  or  buildings  to  which  they 
may  be  detailed,  during  public  performances 
therein,  for  the  purpose  of  guarding  and  pro- 
tecting the  occupants  from  fire  or  panic. 
Whenever  any  member  of  the  uniformed 
force  of  said  department  shall  discover  in 
any  inside  aisle  or  passageway  in  any  such 
place  of  amusement  any  camp  stools,  chairs, 
sofas  or  other  obstructions,  or  any  person  or 
persons  standing  or  sitting  therein  during 
any  public  performance,  it  shall  be  the  duty 
of  such  member  of  the  uniformed  force  forth- 
with to  notify  the  proprietor  or  manager  of 
such  place  of  amusement,  or  any  usher, 
agent  or  other  employe  of  such  proprietor  or 
manager  then  present,  to  cause  such  obstruc- 
tion to  be  forthwith  removed,  or  to  cause  the 
person  or  persons  standing  or  sitting  in  such 
aisles  or  passageways  to  forthwith  Vacate 
the  same.  If  the  manager  or  proprietor,  or 
such  usher,  agent  or  employe  shall  cause  or 
permit  any  camp  stool,  chairs,  sofas  or  other 
obstructions  to  be  placed  or  remain  in  any 


aisle  or  passageway,  in  any  such  place  of 
amusement,  or  shall  cause,  or  permit  any 
person  to'  stand  or  sit  therein  during  any 
public  performance,  or,  having  been  so  noti- 
fied, shall  neglect  or  refuse  to  cause  such 
obstruction  to  be  forthwith  removed,  or  to 
cause  such  person  or  persons  to  forthwith 
vacate  said  ai.sles  or  passageways,  they  .shall 
each  severally  be  deemed  to  have  violated  the 
provisions  and  requirements  of  this  tide  and 
the  regulations  or  orders  duly  made  there- 
under, and  shall  be  subject  to  the  penalties 
pre.scribed  in  this  act.  In  all  places 

of  public  amusement  or  entertainment, 
not  inciuded  in  the  foregoing  provis- 
ions, except  in  fireproof'  buildings,  there 
shall  be  employed,  by  the  owner  or 
proprietor  thereof,  one  or  more  watchmen 
whose  exclusive  duty  it  shall  be  to  protect 
and  guard  the  inmates  of  such  buildings 
from  fire  and  other  sources  of  daffiger. 

GiiiipoAvder  and  oilier  exi»losive.s ; sales 

tliereol  reg iilateil. 

Sec.  763.  No  person  shall  manufacture,  have, 
keep,  sell  or  give  away  any  gunpowder, 
blasting  powder,  gun  cotton,  nitroglycerine, 
dualin,  or  any  explosive  oils  or  compounds 
within  the  corporate  limits  of  the  city  of  New 
York,  except  in  the  quantities  limited,  in  the 
manner  and  upon  the  conditions  herein  pro- 
vided, and  under  such  regulations  as  the  fire 
commifesioner  shall  prescribe;  and  said  com- 
missioner shall  make  suitable  provision  for 
the  storage  and  safe  keeping  of  gunpowder 
and  other  dangerous  and  explosive  compounds 
or  articles  enumerated  under  this  title,  be- 
yond the  interior  line  of  low  water  mark  in 
the  city  of  New  York.  The  said  com- 
missioner may  issue  licenses  to  persons 
desiring  to  sell  gunpow'der  or  any  of  the 
articles  mentioned  under  this  section  at  re- 
tail, at  a particular  place  in  said  city  to  be 
named  in  said  license  (provided  that  the  same 
shallnotbe  inabuildingusedinany  part  there- 
of as  a dwelling,  unless  specially  authorized 
by  said  license),  and  persons  so  licensed  may 
have  on  their  premises,  if  actually  kept  for 
sale,  a quantity  not  exceeding  at  any  one  time, 
of  nitroglycerine,  five  pounds;  of  gun  cotton, 
five  pounds;  of  gunpowder,  fourteen  pounds; 
blasting  powder,  twenty-five  pounds;  and  all 
of  said  articles  shall  be  put  up  in  tight  metal- 
lic canisters,  containing,  or  capable  of  con- 
taining not  more  than  one  pound  each;  and  the 
person  so  licensed  shall  place  on  some  con- 
spicuous part  of  the  front  of  the  stores  or 
buildings  in  which  they  may  be  licensed  to 
sell  powder,  or  any  of  the  articles  named  un- 
der this  section,  a sign  on  which  shall  be 
distinctly  printed,  in  characters  legible  to  per- 
sons passing  such  stores  or  buildings,  the 
words,  “Licensed  to  sell  gunpowder,”  or 
designating  such  other  of  the  articles  herein 
named  as  is  there  offered  for  sale;  and  every 
barrel,  cask,  canister,  bottle,  can,  vessel,  box 
or  parcel,  in  which  the  same  is  sold,  or  into 
which  the  same  is  delivered  on  being  sold, 
shall  be  distinctly  labeled  with  a printed  sign 
or  label,  printed  upon  or  firmly  affixed  thereto, 
describing  the  article  contained  therein,  with 
the  word  “Danger”  distinctly  printed  below 
the  same.  No  nitroglycerine,  dualin  or  gun- 
powder shall  be  manufactured  in  said  city, 
and  no  quantities  of  nitroglycerine,  dualin 
or  gunpowder  greater  than  above  provided 
shall  be  kept,  carried  or  conveyed  within 
said  city;  except  that  for  the  purposes  of  dis- 
tribution to  or  delivery  from  stores  and  build- 
ings in  said  city  a quantity  not  more  than  five 
quarter  casks  may  be  carried  at  any  one  time, 
during  the  daytime,  for  the  purpose  of 
transportation  from  any  vessel  or  send- 
ing the  same  to  said  stores  or 
buildings,  or  any  vessel  or  place  with- 
out said  city;  provided,  that  in  the  carrying 


76 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK, 


or  convayiiig  itie  some  it  shall  be  proteeced 
by  beipg  completely  and  securely  covered 
with  a '.eather  or  canvas  cover  or  case  and 
marked  “gunpowder.”  The  commander, 
owner  or  owners  of  any  ship  or  other  vessel 
arriving  in  the  harbor  of  New  York  and 
having  more  chan  twenty-eight  pounds  of 
gunpowder,  dualin  or  nitroglycerine  on  board, 
shall  within  forty-eight  hours  after 
the  arrival  and  before  such  ship  or 
vessel  shall  approach  nearer  than  three 
hundred  yards  of  any  wharf,  pier  or 
slip  to  the  southward  of  a line  dravvn  through 
the  center  of  Seventy-third  street,  immedi- 
ately give  written  notice  to  the  said  commis- 
sioiner  o*f  the  fact  chat  such  powder  or  nitro 
glycerine  is  on  such  vessel;  but  it  shall  be 
lawful  either  to  proceed  with  such  ship  or 
vessel  to  sea  within  forty-eight  hours  after 
her  arrival  or  to  transship  such  gunpowder, 
dual  in  or  nitroglycerine  from  one  ship  or 
vessel  to  another  for  the  purpose  of  immedi- 
ate transportation  without  landing  the  same; 
provided,  however,  that  the  provisions  of  this 
section  shall  not  apply  to  any  vessel  receiv- 
ing gunpowder  on  freight  on  any  one  day, 
provided  such  vessel  do  not  remain  at  any 
wharf  of  the  said  city  or  he  within  three  hun- 
dred yards  thereof  after  sunset.  All  gun- 
powder, gun  cotton,  blasting  powder,  dualin, 
nitroglycerine  or  other  explosive  compound 
found  in  violation  of  this  section  shall  be 
forthwith  seized  and  safely  stored  and  be 
sold  upon  three  days’  notice  to  the  owner  or 
claimant;  and  the  proceeds  of  such  sale,  after 
deducting  all  expenses,  shall  be  forfeited  and 
paid  over  to  and  for  the  use  and  benefit  of  the 
relief  fund  of  the  fire  department  of  the  city 
Of  New  York.  Nothing  contained  in  this  sec- 
tion shall  be  construed  to  apply  to  any  ship 
or  vessel  of  war  in  the  service  of  the  United 
States  or  of  any  foreign  government  while 
lying  distant  three  hundred  yards  or  upward 
from  the  w'-harves,  piers  or  slips  of  the  said 
city,  nor  to  any  ship  or  vessel  of  w'ar  in  the 
service  of  the  United  States  while  lying  at  any 
part  O'f  the  navy  yard  in  the  borough  of 
Brooklyn. 

Fireworks  and  explosive  compounds; 
manufacture  and  sale  tliereof. 

Sec.  764.  No  fireworks,  detonating  works, 
cartridge,  powder  train,  percussion  caps,  col- 
lodion, nitrate  of  soda,  nitrate  of  silver,  ether, 
phosphorus,  matches,  or  explosive  compounds 
shall  hereafter  be  manufactured,  stored,  or 
kept  upon  sale  in  the  city,  except  at  such 
places,  in  such  manner,  and  in  such  quantities 
as  shall  be  determined  by  tne  said  commis- 
sioner in  the  exercise  of  his  discretion,  under 
a permit  by  him  granted  therefor,  and  subject 
to  he  revoked  at  any  time  by  said  commission- 
er. Fireworks,  consisting  of  Chinese  crack- 
ers, rockets,  blue  lights,  candles,  colored  pots, 
lance  wheels,  and  other  works  of  brilliant- 
colored  fires  may  he  kept  upon  sale  inter- 
vening the  tenth  day  of  June  and  the  tenth 
day  of  July,  in  each  year,  by  retail  dealers,  un- 
der such  reasonable  regulations  as  said  com- 
missioner may  prescribe,  under  a permit  is- 
sued therefor;  and  no  quantity  of  the  follov/- 
Ing-named  chemicals,  acids  and  combustible 
materials,  greater  than  as  hereinafter  enum- 
erated, shall  be  stored  or  kept  in  or  upon  any 
one  building  within  the  city,  namely:  Sulphur, 
1,000  pounds;  manufactured  matches,  500 
pounds;  saltpetre,  nitrate  of  soda,  500  pounds 
In  the  whole;  nitrate  of  silver,  collodion, 
ether,  phosphorus,  fifty  pounds  in  the 
whole;  aqua  fortis,  muriatic  acid,  nitric 
acid  and  sulphuric  acid,  not  exceeding  1,000 
pounds  in  the  whole;  tar,  pitch,  rosin,  turpen- 
tine. 100  barrels  in  the  whole,  except  the 
same  shall  be  stored  and  kept  in  such  build- 
ing and  manner  as  said  commissioner  may  re- 


quire, under  a special  permit  by  him  Issued 
therefor. 

1‘etroleiiiu  and  coal  oils,  etc.;  sale 

thereof. 

Sec.  765.  No  person  shall  have,  keep  on  sale, 
or  store  In  any  place  or  building  within  the 
corporate  limits  of  the  city,  any  crude  pe- 
troleum, coal  or  any  similar  oil.  nor  any 
of  their  products,  either  of  which  shall  einit 
an  infiammable  vapor  at  a temperature  below 
one  hundred  degrees  of  Fahrenheit,  except 
under  the  following  provisions;  they  or  any  of 
their  products  may  be  stored  in  detached 
and  properly  ventilated  warehouses,  the  outer 
walls  of  which  shall  be  stone,  brick,  or  iron, 
especially  adapted  for  the  purpose  by  having 
raised  sills,  at  least  two  feet  high,  or  the  ground 
floor  of  which  shall  be  at  least  two  feet 
below  the  level  of  the  street  or  adjoining  yard, 
or  so  constructed  as  to  actually  prevent  the 
overflow  of  such  substances  beyond  the  prem- 
ises w'here  the  same  may  be  kept  stored; 
said  warehouses  shall  not  he  occupied  in 
any  part  as  a dwelling,  and  if  less  than 
fifty  feet  from  any  adjacent  dwelling  the  same 
must  be  separated  by  a brick  or  stone  wall, 
at  least  ten  feet  in  height  and  sixteen  inches 
thick,  constructed  in  such  manner  as  said 
commissioner  may  prescribe, but  the  samemay 
be  stored  >n  such  other  manner  as  said  com- 
missioner may  designate  under  a special  per- 
mit issued  therefor.  No  refined  petroleum,  kero- 
sene, coal  or  similar  oil,  or  earth  or  rock  oil, 
dr  machinery  oil,  or  any  product  thereof 
to  be  used  for  illuminating  or  heating  pur- 
poses w'hleh  shall  emit  an  infiammable  vapor 
at  a temperature  below  one  hundred  degrees 
Fahrenheit,  shall  be  kept  upon  sale  or  stored 
within  the  corporate  limits  of  the  city.  All 
said  articles  shall  be  tested  and  their  quality 
determined  by  sanitary  surveyors  authorized 
by  said  commissioner,  using  G.  Tagliabue’s 
instruments,  or  such  other  instruments  as 
may  be  designated  by  said  commissioner,  the 
barrels  or  packages  containing  the  same  to 
be  legibly  stamped  or  marked  with  said  in- 
spector’s official  stamp  or  mark.  No  refined  pe- 
troleum, kerosene,  gasoline,  naphtha,  or  ben- 
zene, benzole,  camphene,  or  burning  fluid,  or 
products  or  compounds  containing  any  of  said 
substances,  when  temporarily  placed  above 
the  cellar  or  basement  of  any  building,  and  in 
barrels  of  not  over  forty-five  gallons  each, 
or  in  metallic  vessels  or  tanks,  shall  exceed 
in  the  whole  quantity  the  contents  of,  fifty 
of  said  barrels;  provided,  however,  that  the 
whole  quantity  of  said  refined  oils  that  may 
be  so  kept  or  stored  over  night  shall  not  ex- 
ceed the  contents  of  ten  of  said  barrels,  un- 
less stored  in  the  manner  provided  for  storing 
crude  petroleum,  and  when  stored  in  cellars 
or  basements,  surrounded  by  walls  of  brick 
or  stone,  and  at  least  two  feet  below  the 
level  or  grade  of  the  sidewalk,  street,  or 
land  adjacent,  the  whole  quantity  shall 
not  exceed  the  contents  of  one  hun- 
dred and  fifty  barrels,  unless  stored  in 
warehouses  specially  adapted  for  that  pur- 
pose, as  required  for  tfie  storage  of  crude 
petroleum  under  this  section;  provided,  also, 
that  no  quantity  of  said  oils  greater  than  one 
barrel  shall  be  stored  or  kept  in  any  building 
occupied  in  any  part  thereof  as  a dwelling. 
No  refined  petroleum,  kerosene,  gasoline, 
naphtha,  benzine,  benzole,  camphene,  burn- 
ing fluid  or  products  or  compounds  containing 
any  of  said  substances,  shall  be  kept  or  stored 
on  or  above  the  first  story  or  floor. of  any 
building,  exceeding  in  the  whole  quantity  the 
contents  of  five  barrels,  of  forty  gallons  each. 
In  no  case  shall  any  of  the  articles  named 
in  this  section  be  allowed  to  remain  on  the 
sidewalk  beyond  the  front  line  of  any  build- 
ing, or  in  or  upon  the  streets,  dO'Oks,  piers, 
bulkheads,  slips,  highways  or  public  places 


a longer  time  than  is  actually  necessary  for 
the  removal  or  loading  of  the  same,  and  said 
commissioner  may  establish  and  enforce  gen- 
eral regulations  and  issue  such  orders  and 
special  directions  relative  to  the  handling, 
lightering,  carting,  loading  and  transportation 
of  the  several  articles  named  under  this  sec- 
tion as  in  his  discretion  shall  be  deemed 
necessary  tor  the  public  protection,  and  said 
commissioner  may  issue  special  permits  au- 
thorizing the  keeping  of  any  of  the  articles 
enumerated  under  this  section  in  buildings, 
tanks  or  structures  fireproof  throughout,  In 
such  quantities,  in  such  manner,  and  subject 
to  such  regulations  as  shall  tend  to  secure  the 
same  against  danger. 

Id.;  continued. 

Sec.  766.  No  person  shall  sell  at  retail  or 
give  away  any  kerosene,  or  other  product  of 
petroleum,  or  any  similar  oil  to  be  used  for 
heating  or  illuminating  purposes,  without  first 
obtaining  a license  therefor  from  the  fire 
commissioner,  under  such  rules  and  regula- 
tions as  he  may  prescribe,  which  license  shall 
be  for  the  term  of  one  year  and  shall  not  be 
transferable,  and  for  every  such  license  and 
for  every  renewal  of  the  same  the  said  com- 
missioner shall  demand  and  receive  the  sum 
of  ten  dollars.  Said  licensed  shall  be  posted 
in  a conspicuous  place  in  the  store  of  the  per- 
son or  persons  to  whom  the  same  is  issued, 
and  may  be  revoked  for  cause  by  said  commls- 
sioiner.  Any  person  who  shall  sell  any  of  the 
compounds  above  mentioned  in  this  or  the  last 
sect. on,  without  first  obtaining  a license 
therefor,  shall  forfeit  and  pay  the  suni  of 
twenty-five  dollars.  But  licenses  for  this  pur- 
pose may  be  granted  in  the  boroughs  of 
Queens  and  Richmond  without  the  payment  of 
the  license  fee  in  this  section  prescribed. 

Criminal  liability  if  death  resalts  from 

violation  of  foregoing-  vnle.s. 

Sec.  767.  In  case  any  person  is  burned  by  the 
explosion  of  any  compound,  the  sale  of  which 
is  prohibUed  by  any  section  of  this  title,  or 
which  has  not  been  subjected  to  sanitary  sur- 
vey, or  licensed  as  therein  provided,  and 
death  ensues  thereform,  the  person  found 
guilty  of  selling  the  same  shall  be  deemed 
guilty  O'f  a felony,  and,  upon  conviction,  shall 
be  punished  by  a fine  of  not  less  than  one 
thousand  dollars,  nor  more  than  five  thousand 
dollars,  or  by  imprisonment  in  the  state  pris- 
on for  a term  not  less  than  one  year  nor 
more  than  five  years;  and  In  case  of  a bodily 
injury  the  party  Injured  may  maintain  an  ac- 
tion for  damages  against  the  party  violating 
Che  provisions  of  this  title.  Any  dealer  who 
shall  present  and  deliver  for  sanitary  survey 
a sample  of  oil  different  from,  and  which 
does  not  represent  the  quality  of  oil  actually 
kept  by  him  or  her  for  sale,  and  not  taken 
from  the  actual  stock  being  offered  for  sale, 
and  of  the  same  quality  therewith,  shall  for- 
feit and  pay  the  sum  of  fifty  dollars.  If  any 
fire  insurance  company,  organized  under  the 
laws  of  this  state,  or  any  insurance  company 
of  any  other  state,  or  any  foreign  insurance 
company  authorized  to  do  the  business  of  in- 
surance in  this  state,  shall  indorse  upon  any 
policy  issued  by  them  the  right  or  privilege 
to  keep,  deal  in,  give  away,  sell,  or  use  any 
article  or  co'mpound  of  a com'bustl'bie  or  ex- 
plosive character,  the  sale  of  which  is  made 
unlawful  by  any  act  of  the  legislature  o<f  this 
state,  or  shall  cause  or  permit  such  indorse- 
ment to  be  made  by  others  upon  their  policies 
of  insurance,  they  shall  for  each  and  every 
such  offense  forfeit  and  pay  a fine  of  five  hun- 
dred dollars. 

Fires  and  lights  on  vessels  transport- 
ing petroleum. 

Sec.  768.  It  Shall  be  unlawful  for  the  own- 
er, or  for  any  of  the  officers,  employes,  ol 
crew  of  any  ship,  vessel,  canal  boat,  barge. 


77 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


lighter,  boat  or  other  craft  lying  at  or  with- 
in one  hundred  and  fifty  feet  of  any  ware- 
house, yard,  shed,  dock,  pier,  bulkhead,  wharf, 
or  other  place  within  the  city  of  New  York, 
at,  m,  or  on  which  petroieum  oil,  or  any  of 
its  products,"  is  stored,  or  kept  for  export, 
or  in  quantities  exceeding  ten  thousand  gal- 
lons; or,  for  any  other  person  or  persons,  to 
bring,  keep,  have,  or  use,  or  suffer  or  perniit 
to  be  brought,  kept,  had,  or  used  on  board 
of  any  such  ship,  vessel,  canal  boat,  barge, 
lighter,  boat  or  other  craft,  or  at,  in,  or  on 
any  such  warehouse,  shed,  yard,  dock,  pier, 
bulkhead,  wharf,  or  other  place,  any  lighted 
match,  or  lighted  cigar,  cigarette,  or  pipe, 
or  any  fire  or  light  of  any  kind,  without,  or 
otherwise  than  in  strict  conformity  wit^i  the 
written  permission  of  the  owner,  lessee  or 
superintendent  of  such  warehouse,  shed,  yard, 
dock,  pier,  bulkhead,  wharf,  or  other  place, 
specifying  the  fire  or  light  to  be  kept,  had, 
or  used,  the  particular  purpose  for,  and  the 
place  or  spot  at  which  the  same  may  be  so 
kept,  had,  or  used,  and  the  particular  man- 
ner o<f  keeping,  having,  or  using  the  same. 
This  section  shall  no't  apply  to  steam  tugs 
while  transacting  their  ordinary  business,  nor 
to  steam  fire  engines  engaged  in  extinguish- 
ing fires.  Every  violaition  of  this  section  shall 
be  a misdemeanor,  triable  before  the  court  of 
special  sessio'ns. 

Storage  of  certain  chemicals  regulated 

Sec.  769.  Except  upon  the  approval  of  the 
fire  commissioner,  no  quantity  of  the  follow- 
ing named  chemicals  and  combustible  mater- 
ials greater  than  is  hereinafter  enumerated 
shall  be  stored  or  kept  in  or  upon  any  one 
building  within  the  city,  namely:  Hemp,  or 
fiax,  unbaled,  two  thousand  pounds  in  the 
whole;  varnish,  rosin,  twenty  barrels  in  ..he 
whole;  alcohol,  pure  spirits,  camphene,  burn- 
ing fluid,  five  barrels  in  the  whole;  unslacked 
lime,  ten  barrels;  vitriol,  five  carboys  in  the 
■whole;  loose  wood  shavings,  one  hundred 
pounds;  except  the  same  shall  be  stored  and 
kept  upon  an  open  space  of  ground,  surround- 
ed by  a wall  constructed  entirely  of  fire  proof 
materials,  at  least  twelve  feet  high  and 
twelve  inches  thick;  or  within  a fire  proof 
building  remote  or  distant  at  least  fifty  feet 
from  any  adjacent  building. 

Id.;  of  certain  -vegetable  prodncts. 

Sec.  770.  No  quantity  of  cotton,  hay,  straw, 
flax,  hemp,  husks,  rushes,  oakum,  rags,  sea- 
■wee'd,  jute  or  other  vegetable  fiber  when 
pressed  or  baled,  greater  than  twenty  tons 
in  the  whole,  shall  be  stored  or  kept  in  any 
building  within  the  city  of  New  York,  unless 
kept  in  a building  fireproof  throughout,  or 
upon  an  open  space  of  ground  surrounded  by 
a wall  constructed  entirely  of  fireproof  ma- 
terials, at  least  twelve  feet  high  and  twelve 
inches  thick,  or  within  a fireproof  building, 
remote  or  distant  at  least  fifty  feet  from  any 
adjacent  building,  or  in  a building  approved 
by  the  New  York  board  of  underwriters  or 
the  fire  commissioner,  and  of  which  approval 
a certificate  shall  have  been  issued  by  said 
board  or  commissioner,  and  shall  not  have 
been  revoked;  and  none  of  the  articles  enu- 
merated in  this -section,  when  loose  or  not 
baled,  shall  be  kept  as  aforesaid  In  quantity 
exceeding  one  thousand  pounds  in  the  whole; 
excepting  in  a private  stable,  in  which  may 
be  kept  such  loose  hay  and  straw  in  quantity 
not  exceeding  twenty-five  hundred  pounds  in 
the  whole,  except  upon  the  approval  of  the 
fire  commissioner.  No  person  shall  have,  put 
or  keep  any  hay  or  straw  uncovered  in  any 
sUck  or  pile,  or  in  any  other  way  expbsed, 
within  one  hundred  yards  of  any  building  in 
said  -city,  or  shall  have,  put  or  keep  within 
said  city  any  hay.  straw,  hemp,  flax,  shav- 
ings or  rushes  in  any  building  not  built  of 
stone,  or  brick,  or  iron,  or  covered  with  tile 


or  slate,  or  other  fireproof  material,  which 
is  or  shall  be  within  ten  feet  of  any  dwelling 
house  or  chimney  whatsoever,  except  upon 
like  approval. 

Right  to  enter  bnildings,  etc.,  for  pnr- 
l>o.ses  of  examination. 

Sec.  771.  The  commissioner  and  his  offi- 
cers or  agents,  under  the  direction  of  the 
commissioner,  or  either  of  them,  are  hereby 
empow-ered  at  any  and  all  times  to  enter  into 
and  examine  all  buildings,  dwelling  houses, 
livery  and  other  stables,  hay  boats  or  ves- 
sels and  places  where  any  merchandise, 
gunpowder,  hemp,  flax,  tow,  hay,  rushes, 
firewood,  boards,  shingles,  shavings  or  oth- 
er combustible  materials  may  be  lodged,  for 
the  purpose  of  ascertaining  all  violations  of 
any  of  the  provisions  of  this  title,  and  also 
the  places  where  ashes  may  be  deposited, 
and  upon  finding  that  any  of  them  are  de- 
fective or  dangerous,  or  that  a violation  of 
this  title  exists  therein,  may  deliver  a writ- 
ten or  printed  notice,  containing  an  extract 
from  this  title,  of  the  provisions  in  reference 
thereto,  and  notice  of  any  violation  theieof, 
and  notice  to  remove,  amend  or  secure  the 
same  within  a period  to  be  fixed  therein. 
And  in  case  of  neglect  or  refusal  on  the  part 
of  such  occupant  or  of  the  possessor  of  such 
combustible  materials,  or  any  of  them,  so  to 
remove,  amend  or  secure  the  same  within 
the  time  and  in  the  manner  directed  by  the 
said  commissioner  in  such  notice,  the  party 
offending  shall  forfeit  and  pay,  in  addition 
to  any  penalty  otherwise  imposed,  the  sum  of 
twenty-five  dolars,  and  the  further 

sum  of  five  dollars  for  every  day’s  neg.ect  to 
remove,  amend  or  secure  the  same  after 
being  so,  notified.  All  the  expenses  of  any 
removal,  alteration  or  amendment  as  afore- 
said, shall  be  paid  in  the  first  instance  by  the 
occupant,  but  shall  be  chargeable  against  the 
owner  of  such  dwelling  house  or  other  build- 
ing, and  shail  be  deducted  from  the  rent  of 
the  same,  unless  such  expense  be  rendered 
necessary  by  the  act  or  default  of  such  occu- 
pant, or  unless  there  be  a special  agreement 
to  the  contrary  between  the  parties. 

Information  to  be  fnrnlslied  by  hold- 
ers of  permits. 

Sec.  772.  All  persons  or  corporations  who 
shall  be  required  to  have  and  obtain  permits 
shall  furnish  such  information  as  may  be  re- 
quired, touching  the  condition  of  any  build- 
ing and  the  business  therein  proposed  to  be 
conducted,  preliminary  to  obtaining  such  per- 
mits. 

Pines  and  penalties. 

Sec.  773.  Any  person,  persons  or  corpora- 
tions for  the  violation  of  or  non  compliance 
with  any  of  the  several  provisions  of  the  sev- 
eral sections  of  this  title,  when  the  penalty  is 
not  therein  specially  provided,  shall  severally 
forfeit  and  pay  a fine  or  penalty  in  the  sum 
of  fifty  dollars  for  each  and  every  offense  or 
^11  forfeit  and  pay  the  penalties  respect- 
ively Imposed  under  any  of  said  sections,  and 
shall  also  be  severally  liable  for  any  costs  or 
expenses  that  may  be  incurred  by  any  viola- 
tion of,  or  non  compliance  with,  any  require- 
ment under  said  sections,  and  shall  also  be 
severally  liable  for  the  payment  of  the  fur- 
ther penalty  of  the  sum  of  fifty  dollars  for 
any  violation  of,  or  non  compliance  with,  any 
regulation,  order  or  special  direction  issued  by 
said  commissioner,  or  for  failure  to  attend  and 
testify  as  required  by  any  subpena  issued,  as 
authorized  under  this  chapter.  Said  commis- 
sioner may,  in  his  discretion,  pay  a portion 
of  a fine  or  penalty  when  collected,  not  to 
exceed  one-half  thereof,  to  any  person  giving 
Information  of  any  such  violation.  All  suits 
and  proceedings  authorized  by  this  title  or 
to  recover  any  penalty  for  the  violation  of 


or  failure  to  comply  with  any  law  or  any  rule, 
regulation,  order  or  requirement  of,  or  made 
pursuant  to  the  provisions  of  any  law,  the  en- 
forcement of  which  is  charged  upon  said  de- 
partment or  any  of  the  several  bureaus  there- 
of, shall  be  brought  by  and  in  the  name  of 
the  fire  commissioner  of  the  city  of  New 
York,  but  no  fees  or  costs  shall  be  demanded 
of  said  department  in  any  such  suit  or  pro- 
ceeding. Any  person  who  shall  wilfully  vio- 
late or  neglect  or  refuse  to  comply  with  any 
provision  or  requirement  of  this  title  or  any 
regulation,  order  or  speciaj  direction  duly 
made  thereunder,  shall  also  be  guilty  of  a mis- 
demeanor. 

TITLE  4. 

FIRE  yiARSHAbS  AND  INVESTIGATION 
OF  ORIGIN  OP  FIRES. 

Investigation  of  fires,  etc. 

Sec.  779.  The  fire  commissioner  is  hereby 
authorized  to  appoint  and  remove  a fire  mar- 
shal for  the  boroughs  of  Manhattan,  the 
Bronx  and  Richmond,  and  a fire  marshal  to  be 
seated  in  Brooklyn  and  to  exercise  his  power* 
within  the  boroughs  of  Brooklyn  and  Queens. 
Said  fire  marshals  shall,  within  such  bor- 
oughs, respectively,  to  which  they  may  be  as- 
signee, have  and  possess  all  the  powers  here- 
tofore conferred  by  law  upon  the  fire  marshal 
of  the,  corporation  heretofore  known  as  the 
mayor,  aldermen  and  commonalty  of  .the  city 
of  New  York.  The  salary  of  each  of  said 
fire  marshals  shall  be  $3,000  a year.  The  fire 
commissioner,  himself,  or  by  said  marshals, 
is  hereby  authorized  and  empowered  to  inves- 
tigate, examine  and  inquire  into  the  origin, 
details  and  management  of  fires  in  the  city, 
and  also  of  any  supposed  cases  of  violations 
of  any  of  the  provisions  of  this  chapter  or  of 
any  of  the  several  regulations,  orders,  or 
special  directions  issued  by  the  fire  commis- 
sioner for  the  purpose  of  the  discovery  of  any 
delinquency  in  the  non-performance  of  duty 
or  violation  of  discipline  on  the  part  of  any 
oificer,  agent  or  employe  of  said  fire  depart- 
ment, or  any  supposed  cases  of  arson  or  in- 
cendiarism, which  may  be  brought  to  his  no- 
tive;  and  said  tire  commissioner  in  and  about 
any  examination,  investigation  or  inquiry  be- 
fore him  or  his  marshals,  touching  any  mat- 
ter or  thing  therewith  connected,  may  sub- 
pena and  compel  the  attendance  of  any  per- 
son or  persons,  and  the  production  of  any 
books,  papers,  archives,  or  documents  in  his 
or  their  possession,  or  under  his  or  their  con- 
trol, in  the  judgment  of  the  fire  commissioner 
connected  with  and  necessary  to  such  exami- 
nation, investigation,  or  inquiry,  before  him 
or  his  marshals,  at  the  time  and  place  therein 
named;  and  for  the  purpose  aforesaid  the  cor- 
poration counsel  may,  at  any  time,  obtain  to 
be  issued  subpenas  out  of  the  supreme  court, 
testedunder  the  name  of  a justice  of  said  court, 
in  like  form  and  with  like  effect  as  though 
issued  by  said  justice  in  any  action  pending 
in  a court  of  record,  and  said  subpena  may 
be  served,  and  proof  of  such  service  may  be 
made,  in  the  same  manner  as  now  by  law  pro- 
vided for  the  service  of  subpenas  out  of  said 
court;  and  upon  proof  of  service  and  proof  of 
non-compliance,  failure  to  attend  and  testify 
on  the  part  of  any  person  or  persons,  as  re- 
quired by  said  subpena,  or  failure  or  refusal 
on  the  part  of  any  person  or  persons  to  pro- 
duce any  such  books,  papers,  archives,  or  doc- 
uments, in  his  or  their  possession,  or  under 
his  or  their  control,  or  a failure  or  refusal  on 
his  or  their  part  to  answer  any  question  put 
to  him  or  them,  and  pertinent  thereto,  upou 
any  examination.  Inquiry  or  investigation  as 
aforesaid,  application  may  be  made  before  any 
justice  of  said  court,  who  shall,  in  case  he 
shall  decide  such  question  pertinent  and  prop- 


78  THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


er  to  be  answered,  thereupon  cause  to  be  ar- 
rested, and  may  punish  as  tor  a contempt  of 
the  orders  of  said  court,  the  person  or  per- 
sons named  in  said  subpena,  and  in  such  case 
the  laws,  rules  and  proceedings  relating  to 
punishment  tor  contempts,  and  usual  in  said 
court,  or  before  any  justice  thereof,  shall  be 
applicable  thereto.  Said  commissioner  and  fire 
marshals,  in  conducting  any  examination  or 
Inquiry  as  aforesaid,  are  hereby  authorized 
to  administer  .any  oath  or  affirmation  in  the 
matter,  and  any  false  swearing  under  said 
oath  or  affirmation  thus  administered  shall  be 
perjury,  and  punishable  as  such  in  such  man- 
ner as  now  provided  under  the  laws  applica- 
ble thereto;  and  said  examination  or  investi- 
gation may  be  continued  and  adjourned  by 
the  said  commissioner  or  fire  marshal  con- 
ducting the  same,  from  time  to  time,  and  at 
such  time  and  place  as  shall  be  designated, 
and  any  person  subpenaed  as  aforesaid  shall 
attend  and  testify  upon  said  adjourned  day  or 
days,  and  at  the  time  and  place  designated, 
and  of  which  they  shall  have  been  notified,  as 
though  the  same  had  been  named  in  said  sub- 
pena, and  with  like  effect  as  to  any  failure  to 
appear  and  answer  under  the  requirements 
therein  contained;  provided,  that  any  testi- 
mony or  evidence  taken  as  aforesaid  shall 
be  for  the  information  and  instruction  of  said 
fire  commissioner  in  the  discharge  of  his  du- 
ties, and  in  the  prevention  of  future  fires,  and 
the  protection  of  property,  and  shall  be  care- 
fully kept  in  the  archives  and  possession  of 
said  fire  department,  and  shall  in  no  manner 
be  used  in  any  criminal  proceeding  or  action, 
but  may  be  placed  before  any  grand  jury  in 
said  city  of  New  York.  Such  investigations 
In  relation  to  the  subject  matter  hereinabove 
defined  within  the  boroughs  of  Brooklyn  and 
Queens,  shall  be  carried  on  by  the  deputy 
commissioner  and  fire  marshal  seated  in  the 
borough  of  Brooklyn,  under  the  direction  of 
said  fire  commissioner. 

Fire  inai-slials  may  enter  l»uildins.s  to 

examine  them. 

Sec.  It  shall  be  the  duty  of  a marshal, 

or  his  officers  and  agents,  when  authorized  by 
him  in  writing  so  to  do,  to  enter  into  any 
building  or  premises  within  said  city  for  the 
purpose  of  examining,  or  causing  to  be  ex- 
amined, the  stoves  and  pipes  thereto,  ranges, 
furnaces  and  heating  apparatus  of  every  kind 
whatsover,  including  the  chimneys,  flues  and 
pipes  with  ivhicb.  the  same  may  be  connected, 
eng.ne  rooms,  boilers,  ovens,  kettles,  and  also 
all  chemical  apparatus  or  other  things  which 
in  his  opinion  may  be  dangerous  in  causing 
or  promoting  fires,  or  dangerous  to  the  fire- 
men or  occupants  in  case  of  fire;  and  upon  find- 
ing any  of  them  defective  or  dangerous,  or  in 
any  manner  exposed  or  liable  to  fire  from  any 
cauae,  he  shall  report  the  same  to  the  commis- 
sioner, who  may  thereupon  issue  orders  or  spe- 
cial directions,  either  printed  or  written,  di- 
recting the  owner  or  occupant  to  alter,  remove 
or  remedy  the  same  in  such  manner  and  with- 
in such  reasonable  time  as  may  be  necessary, 
and  in  respect  thereto  may  authorize  and  di- 
rect the  use  of  such  materials  and  appliances 
as  shall  be  deemed  proper  and  necessary;  and 
in  case  of  neglect  or  refusal  so  to  do  within 
the  time  prescribed  by  such  orders  or  direc- 
tions, such  fire  marshal,  under  the  direction 
of  said  commissioner,  shall  cause  said  altera- 
tion, removal  or  ocher  necessary  act  or  work 
to  be  done,  and  the  expense  thereof  shall  be 
charged  to  the  party  so  offending,  to  be  sued 
for  and  recovered  in  the  manner  herein  pro- 
vided for  the  recovery  of  fines  and  penalties 
under  this  chapter. 

Id.;  to  trace  the  cause  of  fires;  arrest 

of  snspeeted  i>ersons. 

Sec.  7S1.  It  shall  be  the  duty  of  a fire  mar- 


shal to  examine  into  the  cause,  circumstances, 
and  origin  of  fires  occurring  in  said  city,  by 
which  any  building,  vessels,  vehicles,  or  any 
valuable  personal  property  shall  be  accident- 
ally or  unlawfully  burned,  destroyed,  lost  or 
damaged,  wholly  or  partially;  and  to  especial- 
ly inquire  and  examine  whether  the  fire  was 
the  result  of  carelessness  or  the  act  of  an  in- 
cendiary. Such  fire  marshai  shall  take  the 
testiu'.ony,  on  oath,  of  all  persons  supposed 
to  be  cognizant  of  any  fact  or  to  have  means 
of  knowledge  in  relation  to  the  matters  here- 
in required  to  be  examined  and  inquired  into, 
and  cause  the  same  to  be  reduced  to  writing, 
verified  and  transmitted  to  the  fire  commis- 
sioner with  his  report  in  writing,  embodying 
his  opinion  and  conclusions  in  relation  to 
the  matter  investigated.  Such  fire  marshal 
shall  report  in  writing  to  the  fire  department, 
to  the  police  department,  to  the  district  at- 
torney, to  the  New  York  board  of  fire  under- 
writers, to  the  owners  of  property,  or  other 
persons  interested  in  the  subject  matter  of 
investigation,  any  facts  and  circumstances 
which  he  may  have  ascertained  by  such  in- 
quiries and  investigations  which  shall,  in  his 
opinion,  require  attention  from  or  by  either 
of  said  departments,  officers  or  persons;  and 
it  shall  be  the  duty  of  such  fire  marshal, 
whenever  he  shall  be  of  opinion  that  there 
is  evidence  sufficient  to  charge  any  person 
with  the  crime  of  arson,  to  cause  such  per- 
son to  be  arrested  and  charged  with  such 
offense,  and  furnish  to  the  district  attorney 
all  the  evidences  of  guilt,  with  the  names  of 
witnesses,  and  all  the  information  obtained 
by  him,  including  a copy  of  all  pertinent  and 
material  testimony  taken  in  the  case;  and  he 
shall  specially  report  to  the  fire  commission- 
er, as  often  as  such  commissioner  shall  re- 
quire, his  proceedings,  ar.d  the  progress  made 
in  all  prosecutions  for  arson  and  the  result 
of  all  cases  which  are  finally  disposed  of. 

Itl.;  may  compel  attendance  of  wit- 
nesses. 

Sec.  782.  A fire  marshal  shall  have  power  to 
issue  a notice  in  the  nature  of  a subpena,  in 
such  form,  and  subscribed  in  such  manner, 
as  the  fire  commissioner  shall  prescribe,  to 
compel  the  attendance  of  any  person  as  a 
witness  before  him,  to  testify  in  relation  to 
any  matter  which  is,  by  the  provisions  of  this 
title,  a subject  of  inquiry  and  investigation 
by  the  said  marshal.  The  said  marshal  shall 
be,  and  hereby  is  authorized  to  administer 
and  verify  oaths  and  affirmations  to  persons 
appearing  as  witnesses  before  him;  and  false 
swearing  in  any  matter  or  proceeding  afore- 
said shall  be  deemed  perjury  and  shall  be  pun- 
ishable as  such.  Upon  the  presentation  of 
satisfactory  proof  of  due  service  of  any  sudh 
notice  in  the  nature  of  a subpena,  upon  any 
such  witness,  and  of  a failure  by  such  witness 
to  obey  the  same,  it  shall  be  the  duty  of  the 
fire  commissioner  to  make  an  order  that  the 
said  witness  be  arrested  and  brought  before 
said  marshal,  to  testify  what  such  witness 
may  know  in  relation  to  the  subject  matter  of 
inquiry.  Such  order  may  be  executed  by  any 
member  of  the  police  force,  by  arresting  and 
bringing  such  witness  before  the  said  marshal, 
but  such  witness  shall  not  be  detained  longer 
than  is  necessary  to  take  such  testimony. 
The  fire  marshals  shall  have  authority  at  all 
times  of  the  day  or  night,  in  performance  of 
the  duties  imposed  by  the  provisions  of  this 
title,  to  enter  upon  and  examine  any  building 
or  premises,  when  any  fire  shall  have  occurred, 
and  the  buildings  and  premises  adjoining  and 
near  to  that  in  which  the  fire  occurred. 

Id.;  commissionei"  may  saperxise  in- 
vestigations l*y. 

Sec.  783.  It  shall  be  the  duty  of  the  fire  com- 
missioner to  supervise  and  direct,  whenever 
he  shall  be  of  opinion  that  the  public  interest 


will  be  subserved  thereby,  the  investigations, 
examinations,  and  proceedings  of  said  mar- 
shals, and  make  all  needful  and  proper  rules 
and  regulations  in  relation  to  the  duties  of  the 
office,  and  the  manner  of  performing  the 
same. 

* TITLE  5. 

RELIEF  FUND  AND  PENSIONS. 

Of  wliat  fnnd  consists;  officers  and  in- 

i-cstinent. 

Sec.  789.  The  New  York  fire  department 
relief  fund  shall  consist  of: 

1.  The  capital,  interest,  income,  dividends, 
cash  deposits,  securities  and  credits  formerly 
or  now  belonging  to  said  funds  in  any  of  the 
municipal  and  public  corporations,  or  parts 
thereof,  hereby  consolidated  into  the  city  of 
New  York. 

2.  All  forfeitures  and  fines  imposed  by  the 
fire  commissioner,  from  time  to  time,  upon 
any  member  or  members  of  the  fire  depart- 
ment force  by  way  of  discipline. 

3.  All  rewards  in  money,  fees,  gifts,  testi- 
monials and  emoluments  that  may  be  paid  or 
given  for  account  of  extraordinary  services 
by  any  member  of  the  fire  department  force, 
except  such  as  have  been  or  shall  he  allowed 
by  the  fire  commissioner,  to  be  retained  by 
said  member  or  members,  and  such  as  have 
been  or  shall  be  given  to  endow  a medal  or 
other  permanent  or  competitive  reward. 

4.  All  proceeds  of  suits  for  penalties,  under 
title  three  of  this  chapter,  and  all  license 
fees  payable  under  the  same. 

5.  All  proceeds  of  sales  of  condemned 
horses  and  other  personal  property  in  use  by 
said  department. 

6.  All  moneys,  pay,  compensation  or  salary, 
or  any  part  thereof  forfeited,  deducted  or 
withheld  from  any  member  or  members  oi 
the  fire  department  force,  for  of  on  account  of 
absence  from  duty,  to  be  paid  monthly  to 
the  treasurer  of  the  said  relief  fund,  by  the 
controller  of  the  city  of  New  York,  and  the 
fire  commissioner  is  authorized  and  empow- 
ered, in  his  discretion,  to  deduct  and  with- 
hold pay,  salary  or  compensation  from  any 
member  or  members  of  said  force,  for  or  on 
account  of  absence  from  duty,  except  when 
such  absence  shall  be  caused  by  sickness  or 
disability,  for  which  leave  of  absence  shall 
have  been  granted,  in  accordance  with  the 
rules  o'f  said  department. 

7.  Ten  percentum  annually  of  all  excise 
moneys  or  license  fees  belonging  to  the  city 
of  New  York,  as  constituted  by  this  act,  and 
derived  or  received  by  any  commissioner  of 
excise  or  public  officer,  from  the  granting  of 
licenses,  or  permission  to  sell  strong  or  spirit- 
uous liquors,  aie,  wine  or  beer,  in  the  city  of 
New  York,  under  the  provisions  of  any  law^ 
of  this  state  authorizing  the  granting  of  any 
such  licenses  or  permission;  the  said  ten  per 
centum  thereof  to  be  paid  quarterly  by  the 
controller  of  said  city,  who  is  hereby  au- 
thorized and  required  to  pay  the  same  to  tha 
treasurer  of  the  said  relief  fund,  for  tha 
benefit  thereof,  without  any  action  or  author- 
ity of  or  from  the  board  of  estimate  and  ap- 
portionment, such  sum  to  amount  in  each 
and  every  year  to  not  more  than  $150,000. 
The  commissioner  of  the  fire  department  of 
the  city  of  New  York  is  hereby  constituted 
and  declared  to  be  the  trustee  of  the  New 
York  fire  department  relief  fund,  shall  receive 
all  moneys  applicable  to  the  same  and  deposit 
the  same,  as  such  trustee  to  the  credit  of 
such  relief  fund,  in  banks  or  trust  companies 
to  be  selected  by  him,  and  continue  to  re- 
ceive and  deposit  the  funds  applicable  to  the 
same,  as  received,  to  the  credit  of  said  fund, 
or  to  invest  the  same  in  bond  and  mortgage 
on  improved  property  worth  twice  the  amount 
loaned,  or  in  public  stocks,  as  said  trustee 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


79 


may  deem  most  advantageous  for  the  object 
of  such  fund,  and  said  trustee  is  empowered 
to  make  all  necessary  contracts,  and  to  take 
all  necessary  remedies  in  the  premises.  The 
treasurer  of  said  fund  shall  give  a bond,  with 
one  or  more  sureties,  in  the  sum  of  $20,000, 
for  the  faithful  performance  of  his  duties, 
said  bond  to  be  approved  by  the  controller 
and  filed  in  his  office.  And  the  said  trus- 
tee for  and  on  behalf  of  the  uses  and  purposes 
of  said  fund,  shall  be  entitled  to  receive,  and 
there  shall  be  paid  to  him  all  duties,  taxes, 
allowances,  fines,  penalties  and  fees  to  which 
the  fire  department  of  the  city  of  New  York 
as  at  any  time  heretofore  established,  has 
been  or  is  now  entitled,  except  as  in  this  act 
otherwise  specially  provided,  and  the  said 
trustee  may  lake,  by  gift,  grant,  devise -or 
bequest,  any  money,  real  or  personal  proper- 
ty, right  of  property  for  other  valuable  thing, 
the  annual  income  of  which  shall  not  exceed 
$30,000  in  the  whole;  and  in  any  year,  when 
the  condition  of  the  said  relief  fund  shall 
render  ii,  in  the  judgment  of  the  said  trustee, 
necessary,  he  may  receive  from  the  board 
of  estimate  and  apportionment  of  the  city  of 
Nev/  York,  a sum  not  exceeding  $10,000,  to 
be  included  in  the  annual  estimate  of  the  fire 
commissioner  and  drawn  and  collected  by 
him  in  like  manner  as  the  other  moneys  ap- 
plicable to  his  expenses;  and  such  amounts 
so  obtained  shall,  in  like  manner,  be  paid  to 
and  applied  by  the  treasurer  to  the  uses  of 
said  fund,  by  deposit  or  investment  as  herein- 
before provided,  as  the  trustee  thereof  shall 
direct;  provided,  that  the  sum  of  $200,000, 
which  may  be  received  and  accumulated  un- 
der the  provisions  of  this  title,  shall  be  re- 
served and  retained  as  a permanent  fund,  the 
annual  income  of  which. may  be  made  available 
for  the  uses  and  purposes  of  said  relief  fund. 

Retiring-  members  of  lire  department; 

pensions,  etc. 

Sec.  790.  The  fire  commissioner  shall  have 
the  power  to  reitire  from  all  service  in  the 
said  fire  department,  or  to  relieve  from 
service  at  fires,  any  officer  or  member 
of  the  uniformed  force  of  said  department, 
who  may,  upon  an  examination  by  the  medi- 
cal ofiicere,  ordered  by  the  said  fire  commis- 
si-oner,  be  found  to  he  disqualified,  physically 
or  mentally,  for  the  performance  of  his  du- 
ties; and  the  said  officer  or  member  so  retir- 
ed from  service  shall  receive  from  said  re- 
lief fnnd  an  annual  allowance  as  pension  in 
case  of  total  disqualificatio-:’  'or  service,  or 
as  compensation  for  limited  serv.ce  in  case 
of  partial  disability;  in  every  case,  the  said 
fire  commissioner  is  to  determine  the  cir- 
cumstances thereof,  and  said  pension  or  al- 
lowance so  allowed  is  to  be  in  lieu  of  any 
salary  received  by  such  officer  or  member  at 
the  date  of  his  being  so  relieved  or  retired 
frcm  fire  duty  in  said  department,  and  the 
said  department  shall  not  be  held  liable  for 
the  payment  of  any  claim  or  demand  for  serv- 
ices thereafter  rendered,  and  the  amount  of 
such  pension  or  allowance  shall  be  deter- 
mined upon  the  following  conditions;  In  case 
of  total  permanent  disability,  at  any  time, 
caused  in  or  induced  by  the  actual  perform- 
ance cf  the  duties  of  his  position,  or  which 
may  occur  after  teai  years’  active  and  contin- 
uous service  in  the  said  fire  department,  the 
amount  of  annual  pension  to  be  allowed  shall 
be  one-half  of  the  annual  compensation  allowed 
such  officer  or  member  as  salary  at  the  date 
of  his  retirement  from  the  service,  or  such 
less  sum  in  propiortion  to  the  number  of  of- 
ficers and  members  so  retired  as  the  con- 
dition of  the  fund  will  warrant.  But  should 
permanent  disability  caused  by  injuries  re- 
ceived in  the  active  discharge  of  his  duties 
disqualify  him  only  from  performing  active 
duty  in  the  uniformed  force,  he  shall  be  em- 


ployed at  the  salary  received  when  such  dis- 
ability occurred  in  some  position  in  the  de- 
partment not  requiring  active  service  as  a 
fireman.  In  case  cf  total  permanent  disabil- 
ity not  caused  in  or  induced  by  the  actual 
performance  of  the  duties  of  his  position,  or 
Which  shall  have  occurred  before  the  expira- 
tion of  ten  years'  active  and  continuous  serv- 
ice in  the  said  fire  department,  the  amount 
of  annual  pension  to  be  allowed  shall  be  one- 
third  of  the  annual  compensation  allowed 
such  officer  or  member  as  salary  at  the  date 
of  his  retirement  from  the  service,  or  in  pro- 
portion to  the  number  of  officers  and  members 
so  retired,  as  the  condition  of  the  fund  will 
warrant.  In  case  of  partial  permanent  disa- 
bility, caused  in  or  induced  by  the  actual 
performance  of  the  duties  of  his  position,  or 
whi-dh  may  occur  after  ten  years’  active  and 
continuous  service  in  the  said  fire  depart- 
ment. the  officer  or  member  so  disabled  shall 
be  relieved  from  active  service  at  fires,  but 
shall  remain  a member  of  the  uniformed 
force,  subject  to  the  rules  governing  said 
force,  and  to  the  performance  of  such  light 
duties  as  the  medical  officer  of  the  said  fire 
department  may  certify  him  to  be  qualified 
to  perform;  and  the  annual  allowance  to  be 
paid  such  member  or  officer  shall  be  one-half 
of  the  annua!  compensation  allowed  as 
salary  at  the  date  O'!  his  being 
so  relieved,  or  such  less  sum,  in  propor- 
tion to  the  number  of  officers  and  mem- 
bers so  retired,  as  the  condition  of  the  fund 
will  warrant.  In  case  of  partial  permanent 
disability,  not  caused  or  induced  by  the  actual 
performance  of  the  duties  of  his  position,  or 
which  may  occur  before  ten  years’  active  and 
continuous  service  in  the  said  fire  depart- 
ment. the  officer  or  member  so  disabled  shall 
be  relieved  from  active  service  at  fires,  but 
shall  remain  a member  of  the  uniformed 
force,  subject  to  the  rules  governing  said 
force  and  to  the.  performance  of  such  light 
duties  as  the  medical  officer  of  said  depart- 
ment may  certify  him  to  be  qualified  to  per- 
form, and  the  annual  allowance  to  be  paid 
such  officer  or  member  shall  not  exceed  one- 
third  of  the  annual  compensation  allowed  as 
salary  at  the  date  of  his  being  so  relieved,  or 
such  less  sum  as  the  fire  commissioner  may 
in  his  discretion  determine  or  as  the  condition 
of  the  fund  will  warrant.  Any  officer  or 
member  of  the  uniformed  force  of  the  said 
fire  department  of  the  city  of  New  York  who 
has  or  shall  have  performed  duty  therein  for 
a period  of  twenty  years  or  upward  shall, 
upon  his  own  application  in  writing  or  upon  a 
certificate  of  the  board  of  medical  officers 
showing  that  such  member  is  permanently 
disabled,  physically  or  mentally,  so  as  to  be 
unfit  for  duty,  be  retired  and  dismissed  from 
said  force  and  service  and  placed  on  the  roll 
of  the  relief  or  pension  fund,  and  awarded 
and  granted,  to  be  paid  from  the  said  relief 
or  pension  fund,  an  annual  pension  during 
his  lifetime  of  a sum  not  less  than  one-half 
the  full  salary  or  compensation  of  such  mem- 
ber so  retired.  The  pensions  granted  under 
this  section  shall  be  for  the  natural  life  of 
the  pensioner,  and  shall  not  be  revoked,  re- 
pealed or  diminished;  provided,  however,  that 
no  member  of  either  of  the  uniformed  fire  de- 
partments by  this  act  consolidated  having  a 
right  to  retire  on  pension  at  the  time  this 
act  takes  effect  shall  be  deprived  of  such 
right  Dy  reason  of  his  remaining  a member 
of  said  fire  department,  or  of  anything  in  this 
act  contained. 

Tm.sfee  of  relief  fond;  when  to  pay 

pensions. 

Sec.  791.  The  trustee  of  the  relief  fund  is 
authorized  and  empowered  from  time  to  time,  | 
to  pay  a pension  out  of  said  relief  fund  to  I 
the  widow,  child  or  children  or  dependent  parent  | 


or  parents  of  any  deceased  officer  or  member  ot 
the  uniformed  force  of  the  said  fire  depart- 
ment, if  the  death  of  such  officer  or  member 
occur  during  his  service  in  the  said  uniformed 
force,  or  after  he  was  retired  from  service 
in  said  uniformed  force;  provided  that  the 
amount  of  any  such  pension  to  be  paid  by  the 
said  trustee,  to  each  of  the  several  representa- 
tives of  such  officer  or  member  as  aforesaid 
(in  case  there  shall  be  more  than  one),  may  be, 
from  time  to  time,  determined  by  the  said 
trustee  according  to  the  circumstances  of 
each  case,  and  that  such  pension  may  be  or- 
dered to  cease  and  terminate  at  any  time  if, 
in  the  opinion  of  the  trustee,  the  circum- 
stances should  warrant  the  same;  and  further 
provided  that  not  more  than  $300  shall  be  paid 
in  any  one  year  to  the  representative  or  repre- 
sentatives of  such  officer  or  member,  and  that 
no  part  of  such  sum  shall  be  paid  to  any  such 
widov/  who  shall  marry  again  after  her  remar- 
riage, or  to  any  child  after  it  shall  have 
reached  the  age  of  16  years.  In  case  any  offi- 
cer or  member  of  the  uniformed  force  of  said 
department  is  hereafter  killed  while  actually 
engaged  In  the  perfo'rmance  of  duty,  or  if 
death  ensues  as  the  immediate  effect  of  in- 
juries so  received  the  trustee  of  said  relief 
fund  shall  have  the  power  to  award  to  the 
widow  of  such  officer  or  member  an  annual  al- 
lowance as  a pension,  to  be  paid  out  of  the  said 
relief  fund,  in  an  amount  not  to  exceed  one- 
half  of  the  salary  or  compensation  of  such  offi- 
cer or  membei  at  the  date  of  his  decease.  If  such 
officer  or  member  dying  leaves  no  widow  sur- 
viving him,  but  leaves  a child  or  children,  un- 
der the  age  of  18  years,  or  dependent  parent  or 
parents,  the  said  trustee  shall  have  the  power 
to  award  to  the  legal  guardian  of  such  child  or 
children,  or  dependent  parent  or  parents,  for 
its  or  their  support  and  maintenance, 
an  annual  allowance  out  of  said  relief  fund, 
in  amount  not  to  exceed  one-half  of  the  salary 
or  allowance  ot  such  officer  or  member  at  the 
date  of  the  decease.  The  amount  of  such  an- 
nual allowance  to  any  such  widow  shall  not 
exceed  the  sum  of  $1,000,  a^id  shall  cease  upon 
her  death  or  remarriage,  or  if  she  shall  have 
been  guilty  of  conduct  which,  in  the  opinion 
of  said  trustee,  renders  further  payment  inex- 
pedient. The  amount  of  such  annual  allowanc# 
to  any  one  such  child,  or  dependent  parent  or 
parents,  shall  not  exceed  the  sum  of  $500,  and 
in  every  case  such  payment  shall  cease  upon 
the  death  or  marriage  of  such  child,  or  upon 
its  reaching  the  age  of  18  years.  If  such  pay- 
ment to  the  widow  of  any  such  officer  or  mem- 
ber shall  cease  by  reason  of  her  death,  remar- 
riage or  misconduct,  the  said  trustee  shall 
have  power  to  make  payments  to  the  child  or 
children  or  dependent  parent  or  parents  of 
such  officer  or  member,  if  any,  as  though  he 
had  died  without  leaving  a widow  surviving 
him.  The  widows  and  orphans  and  retired 
members  of  the  -Brooklyn  fire  department,  or 
of  any  other  fire  department  of  any  of  the 
municipal  and  public  corporations  or  parts 
thereof  hereby  consolidated,  shall  be  en- 
titled to  receive  from  the  fire  department 
pension  fund  herein  created  the  amounts 
which  they  would  respectively  have  been 
legally  entitled  to  receive  on  the  31st  day 
of  December,  1897,  from  any  fire  department 
pension  or  relief  fund  heretofore  existing  In 
any  of  said  municipal  corporations  or  parts 
thereof. 

Life  insurance  fnnd. 

Sec.  792.  The  life  insurance  fund  shall  con- 
sist of  all  moneys  that  are  now  to  the  credit 
of  the  New  York  fire  department  life  insur- 
ance fund  and  the  Brooklyn  fire  department 
widows’  and  orphans’  relief  fund;  and  all  per- 
sons who  have  paid  into  the  said  respective 
funds,  and  who  shall  continue  to  pay  into 


80 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


the  life  insurance  fund,  shall  receive  the  ben- 
efits of  said  fund  as  provided  in  this  chapter. 
There  shall  be  deducted  from  the  monthly 
pay  of  each  officer  and  fireman  of  said  depart- 
ment, and  from  the  monthiy  pension  of  retir- 
ed members  of  said  department,  and  from  the 
pay  of  such  other  employes  of  said  depart- 
ment as  shall  heretofore  have  availed  them- 
selves of  this  provision,  the  monthly  sum  of 
one  dollar,  which  shall  be  received  and  held 
by  the  treasurer  of  the  relief  fund,  in  the  like 
manner  as  the  other  moneys  herein  provided 
to  be  paid  to  him,  and  which  shall  be  known 
as  the  New  York  fire  department  life  insur- 
ance fund;  and  in  case  of  the  death  of  any 
member  or  employe  of  said  department  in 
the  service  thereof,  who  has  availed  himself 
of  this  provision,  or  of  any  pensioned  or  re- 
tired member  of  said  department,  and  so 
contributing,  there  shall  be  paid  to  the  widow, 
or  if  there  be  no  widow,  then  to  the  legal 
representatives  of  such  deceased  member,  or 
employe,  or  pensioned  and  retired  member, the 
sum  of  one  thousand  dollars  out  of  the  mon- 
eys so  assessed;  and  in  case,  by  reason  of  the 
number  of  deaths,  the  aggregate  amount  of 
money  so  provided  to  be  assessed  and  collect- 
ed should  prove  inadequate  to^  make  such  pay- 
ment, then  the  assessment  may,  in  the  dis- 
cretion of  said  trustee,  he  increased  to  not 
exceeding  the  sum  of  two  dollars  in  each 
month’s  pay  or  each  month’s  pension 
of  pensioned  and  retired  members 
of  said  department.  None  but  mem- 
bers of  the  uniformed  force  shall  hereafter 
be  eligible  to  membership  in  this  fund.  If 
In  any  year,  owing  to  an  excessive  mortality 
in  the  uniformed  force,  the  condition  of  said 
life  insurance  fund  shall  render  it,  in  the 
judgment  of  the  said  trustee,  necessary,  a 
sum  not  exceeding  five  thousand  dollars  may 
be  transferred  and  paid  over  from  the  said 
relief  fund  to  the  said  life  insurance  fund  for 
the  use  and  purpose  of  said  life  insurance 
fund. 

TITLE  6. 

TAX  UPON  FOREIGN  INSURANCE 
COMPANIES. 

Corporations  liable  to  taxation. 

Sec.  798.  Any  corporation  or  association 
created  by  or  organized  under  the  laws  of 
any  government  other  than  the  states  of  this 
Union,  and  having  assets,  funds  or  capital, 
not  less  in  amount  than  one  hundred  and  fifty 
thousand  dollars,  invested  in  this  state,  shall 
be  liable  to  taxation  upon  such  assets,  funds 
or  invested  capital,  as  the  same  is  levied  or 
assessed  yearly  by  law,  which  tax  shall  be 
paid  as  follows:  Such  an  amount  thereof  as 
would  be  equal  to  two  per  centum  upon  its 
gross  premiums  received  for  insurance  upon 
property,  in  the  city  of  New  York,  shall,  ex- 
cept as  otherwise  in  this  title  provided,  be 
paid  annually  to  the  fire  commissioner  a.s 
treasurer  of  the  fire  department,  and  the  res- 
idue of  said  tax  requisite  to  make  up  the  full 
amount  of  taxation  upon  its  capital  shall  be 
paid  to  the  city  of  New  York,  as  in  the  case 
of  ordinary  taxation,  and  the  payments  so 
made  as  aforesaid  shall  exempt  such  cor- 
poration or  association  making  the  same 
from  any  and  all  further  taxation  upon  its 
premiums,  capital  or  assets,  and  whenever 
such  capital  shall  be  reduced  below  said  sum 
of  one  hundred  and  fifty  thousand  dollars,  or 
withdrawn  entirely,  then,  and  in  either  event, 
such  corporation  or  association  shall  be  lia- 
ble to  pay  the  tax  upon  its  premiums  as 
heretofore  provided  in  this  title. 

Moneys  paid  <o  department  by  insur- 
ance companies,  etc. 

Sec.  799.  There  shall  be  paid  to  the  fire 
oommissioner  as  treasurer  of  the  fire  depart- 


ment, for  the  use  and  benefit  of  said  fire  de- 
partment, on  the  first  day  of  February,  in 
each  year,  by  every  person  who  shall  act  in 
the  city  of  New  York,  as  agent  for  or  on 
behalf  of  any  individual  or  association  of 
Individuals,  not  incorporated  by  the  laws  of 
this  state,  to  effect  insurance  against  losses 
or  injury  by  fire  in  the  city  of  New  York, 
although  such  individuals  or  association  may 
be  incorporated  for  that  purpose  by  any  oth- 
er state  or  country,  the  sum  of  two  dollars 
Upon  the  hundred  dollars,  and  at  that  rate 
upon  the  amount  of  all  premiums  which,  dur- 
ing the  year  ending  on  the  next  preceding 
first  day  of  September,  shall  have  been  re- 
ceived by  such  agent  or  person,  or  received 
by  any  other  person  for  him,  or  shall  have 
been  agreed  to  be  paid  for  any  insurance 
against  loss  or  injury  by  fi;-e  in  the  city 
effected,  or  agreed  to  be  effected,  or  promised 
by  him  as  such  agent. 

Account  ol  premiums  by  city  absent. 

Sec.  800.  Every  person  who  shall  act  in  the 
city  as  agent  as  aforesaid  shall,  on  the  1st  day 
of  February  in  each  year  render  to  the  fire 
commissioner  as  treasurer  of  the  fire  depart- 
ment a just  and  true  account,  verified  by  his  oath, 
of  all  such  premiums  which,  during  the  year 
ending  on  the  first  day  of  September  preced- 
ing, shall  have  been  received  by  him,  or  by 
any  person  foo-  him,  or  w'hich  shall  have  been 
agreed  to  be  paid  for  any  such  insurance  ef- 
fected, or  agreed  to  be  effected,  or  promised 
by  him. 

Undertaking;. 

Sec.  801.  No  person  shall,  as  agent  or  other- 
wise, effect,  or  agree  to  effect,  or  procure  to 
be  effected,  any  insurance  upon  which  the 
duty  above  mentioned  is  required  to  be  paid, 
until  he  shall  have  executed  and  delivered  to 
the  said  fire  commissioner  as  treasurer,  an 
undertaking,  under  seal,  to  the  fire  depart- 
ment, with  such  sureties  as  the  said  treas- 
urer shall  approve,  that  he  will,  on  the  first 
day  of  February,  in  each  year,  render 
a just  and  true  account,  verified  by  his 
oath,  of  all  such  premiums,  which,  during 
the  year  ending  on  the  first  day  of  September 
preceding,  shall  have  been  received  by  him, 
or  by  any  person  for  him,  or  which  shall  have 
been  agreed  to  be  paid  for  any  such  insur- 
ance effected,  or  agreed  to  be  effected,  or 
promised  by  him,  and  that  he  will, 
on  the  first  day  of  February  in  each  year,  pay 
to  the  said  fire  commissioner  as  treasurer, 
tv.’o  dollars  upon  every  hundred  dollars,  and 
at  that  rate  upon  the  amount  of  such  premi- 
ums. 

Id.;  i-enevTal  ol. 

Sec.  802.  Whenever,  by  reason  of  the  failure 
of  the  sureties,  or  either  of  them,  or  for  any 
other  cause,  an  undertaking  given  under  the 
last  preceding  section  shall  have  or  may  be 
deemed  insufficient  by  the  said  fire  commis- 
sioner as  treasurer  to  secure  a return  of  the 
account  and  the  payment  of  the  duty  afore- 
said, or  either  of  them,  the  said  commission- 
er as  treasurer,  at  his  election,  hut  not  of- 
tener  than  once  in  each  year,  may  require 
such  undertaking  to  be  renewed. 

Id.;  i»enalty  for*  not  executing-. 

Sec.  803.  Every  person  who  shall  effect, 
agree  to  effect,  promise  or  procure  any  in- 
surance mentioned  in  the  preceding  sections 
of  this  title,  without  having  executed  and  de- 
livered the  undertaking  hereinbefore  required, 
shall  for  each  offense  forfeit  $1,000,  for  the 
use  of  the  said  fire  department;  and  every 
person  w'ho  shall  have  been  required  by  the 
fire  commissioner  as  treasurer  to  renew  his 
undertaking,  pursuant  to  the  last  preceding 
section,  who  shall  effect,  agree  to  effect,  prom- 
ise or  procure  any  such  insurance,  without 


having  executed  and  delivered  the  renewed 
undertaking,  shall  for  each  offense  forfeit 
$1,000,  for  the  use  of  the  said  fire  department. 

Demand  for  accoiinfs. 

Sec.  804.  It  shall  be  lawful  for  the  fire  com- 
missioner as  treasurer  of  the  fire  department, 
on  or  after  the  first  day  of  February,  in 
each  year,  by  written  or  printed  demand, 
signed  by  him,  to  require  from  every  person 
who  shall  act  in  the  city  as  agent,  as  afore- 
said, the  account  provided  for  in  this 
title,  and  payment  of  the  duty  provided  for; 
such  demand  may  be  delivered  personally  to 
such  agent,  or  at  his  office  or  place  of  busi- 
ness to  any  person  having  charge  thereof,  or 
who  shall,  for  ten  days  after  such  demand 
neglect  to  render  the  account  or  to  pay  the 
duty  demanded,  or  either  of  them,  shall  for- 
feit $50,  for  the  use  of  the  said  fire  department; 
and  he  shall  also  forfeit  for  their  use  $25  in 
addition  for  every  day  that  he  shall  so  neglect 
after  the  expiration  of  said  ten  days,  and 
such  additional  penalty  may  be  computed  and 
recovered  up  to  the  time  of  any  suit  for  the 
recovery  thereof. 

Place  of  basiness  to  be  reported. 

Sec.  805.  Every  person  who  shall  act  in  the 
city  as  agent,  as  aforesaid,  shall,  on  the  first 
day  of  February  in  each  year,  or  within  ten 
days  thereafter,  and  as  often  in  each  year  as 
he  shall  change  his  place  of  business  in  the 
city,  report  in  writing,  uoder  his  proper  sig- 
nature, to  the  co-nitroller  of  this  state,  and 
also  to  the  tire  commissioner  as  treasurer  of 
the  said  fire  department,  the  street  and  the 
number  thereof  in  the  said  city,  of  his  place 
of  business  as  such  agent,  designating  in  such 
report  the  individual  or  individuals  and  asso- 
ciation or  associations  for  which  he  shall  be 
such  agent.  And  in  case  of  default  in  any  of 
these  particulars,  such  person  shall  forfeit 
for  every  offense  the  sum  of  $1,000,  for  the 
use  of  the  said  fire  department. 

Suits  for  violations. 

Sec.  806.  The  duty  provided  to  be  paid  by 
this  title,  the  damages  for  any  breach  of  the 
undertakings,  or  either  of  them,  provided  for 
therein,  and  the  pecuniary  penalties  im- 
posed therein,  or  any  or  either  of  them,  may 
be  sued  for  and  recovered,  with  costs  of  suit, 
in  any  court  of  record  within  this  state,  by 
the  fire  oommissioner,  for  the  use  of  said  de- 
partment. 

Arrest  of  ilefeinlant. 

Sec.  807.  The  defendant  in  any  action  to  be 
brought  far  the  recovery  of  any  penalty  in- 
curred, or  any  duty  or  sum  of  money  payable 
under  this  title,  may  be  arrested,  if  he  is  not 
a resident  of  this  state,  or-  is  about  to  remove 
therefrom.  An  order  for  the  arrest  of  the  de- 
fendant must  be  obtained  from  a judge  of  the 
court  in  which  the  action  is  brought,  or  from 
a county  judge.  The  order  shall  be  made 
when  it  shall  appear  to  the  judge,  by  affi- 
davit, that  a sufficient  cause  of  action  exists 
under  this  title,  and  that  the  defendant  is 
not  a resident  of  this  state,  or  is  about  to  re- 
move therefrom. 

Tax  on  receipts  of  foreign  fire  insur- 
ance companies. 

Sec.  808.  The  corporation  known  as  “The 
Trustees  of  the  Exempt  Firemen’s  Benevolent 
Fund  of  the  City  of  New  York,”  shall  be  en- 
titled to  collect,  and  there  shall  be  paid  to  it 
until  the  seventeenth  day  of  January,  nine- 
teen hundred  and  seven,  the  percentage  or 
tax  on  the  receipts  of  the  foreign  fire  insur- 
ance companies  doing  business  in  the  city  of 
New  York,  as  heretofore  constituted,  as  pro- 
vided hy  this  title,  except  as  to  business  done 
by  said  foreign  fire  insurance  companies  in 
that  part  or  portion  of  said  city,  known  and 
designated  as  the  Twenty-third  and  Twenty- 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


■SI 


fourth  wards,  and  all  returns  and  undertak- 
ings required  by  this  title,  except  as  to  such 
business  in  the  said  Twenty-third  and  Twen- 
ty-fourth wards,  shall,  during  such  period,  be 
made  to  the  treasurer  of  the  trustees  of  such 
corporation.  The  trustees  of  the  Exempt  Fire- 
men’s benevolent  fund  of  the  city  of  New  York 
shall  render  to  the  fire  commissioner  of  the 
city  of  New  York  and  to  the  treasurer  of  the 
Firemen’s  association  of  the  stateofNew  York, 
quarterly,  in  each  year,  a^sworn  statement  in 
detail  of  the  amounts  collected  and  received, 
and  from  whom  and  from  what  source,  on 
account  of  said  tax,  during  each  quarter;  and 
shail,  at  the  same  time,  pay  over  to  said  fire 
commissioner,  as  treasurer,  forty-five  per 
centum  of  the  amount  so  collected  and  receiv- 
ed in  each  quarter  year,  for  the  use  and  bene- 
fit of  the  relief  "fund  of  the  fire  dejiartment 
of  the  city  of  New  York  and  to  the  treasurer 
of  the  Firemen’s  association  of  the  state  of 
New  York,  ten  per  centum  of  the  a&ount  so 
collected  and  received,  for  the  endowment, 
benefit  and  maintenance  of  the  volunteer 
firemen’s  home,  at  Hudson,  Columbia  county. 
New  York,  and  the  moneys  so  received  by  the 
treasurer  of  such  association  shall  be  paid 
by  him  to  the  treasurer  of  the  Volunteer  Fire- 
men’s Home  association,  upon  the  order  of 
the  board  of  trustees  thereof,  as  provided  by 
the  bylaws  of  the  said  home  association;  and 
the  balance  of  said  fund  shall  be  applied  to 
the  uses  and  purposes  of  said  corporation, 
as  defined  and  provided  by  chapter  fifteen  of 
the  laws  of  eighteen  hundred  and  eighty-six. 
The  said  corporation  may  maintain  in  its  cor- 
porate name  any  action  or  actions  in  any 
court  of  record  of  this  state  to  recover  the 
tax  or  percentage  aforesaid  during  such  pe- 
riod, and  also  to  recover  for  the  breach  of 
any  bond  or  undertaking,  which  has  been 
given  or  may  be  given  to  it  pursuant  to  the 
provision  of  this  title,  or  any  penalty  impos- 
ed thereby.  The  corporation  known  as  “The 
Exempt  Firemen’s  Benevolent  Fund  associa- 
tion of  the  Twenty-third  ward  of  the  city  of 
New  York  (late  town  of  Morrisania,  in  the 
county  of  Westchester),  in  the  county  of  New 
York,”  shall  be  entitled  to  collect,  and  there 
shall  be  paid  to  it  until  the  seventeenth  day 
of  January,  nineteen  hundred  and  seven,  the 
percentage  or  tax  on  receipts  of  the  foreign 
fire  insurance  companies  in  the  Twenty-third 
and  Twenty-fourth  wards  of  the  city  of  New 
York,  as  provided  for  by  this  title,  and  all 
returns  for  such  business  in  said  Twenty-third 
and  Twenty-fourth  wards  shall,  during  such 
period,  be  made  to  the  treasurer  of  said  last 
named  corporation.  The  said  last  named  cor- 
poration shall,  during  said  period,  render  to 
the  fire  commissioner  of  the  city  of  New 
York,  and  to  the  treasurer  of  the  Fire- 
men’s association  of  the  state  of  Nevif  York, 
quarterly,  in  each  year,  a sworn  statement 
in  detail  of  the  amounts  collected  and  received 
and  from  whom  and  from  what  source,  on 
account  of  said  tax,  during  each  quarter, 
and  shall  at  the  same  time  pay  over  to  said 
fire  commissioner,  as  treasurer,  forty-five 
per  centum  of  the  amount  so  collected  and 
received  in  each  quarter  year  for  the  use  and 
benefit  of  the  relief  fund  of  the  fire  depart- 
ment of  the  city  of  New  York,  and  to  the 
treasurer  of  the  Firemen’s  association  of  the 
state  of  New  York  ten  per  centum  of  the 
amount  so  collected  and  received,  for  the 
endowment,  benefit  and  maintenance  of  the 
Volunteer  Firemen’s  home  at  Hudson,  Co- 
lumbia county.  New  York,  and  the  moneys 
so  received  by  the  treasurer  of  such  associ- 
ation shall  be  paid  by  him  to  the  treasurer 
of  the  Volunteer  Firemen’s  Home  association, 
upon  the  order  of  the  board  of  trustees  there- 
of, as  provided  by  the  bylaws  of  said  home 
association,  and  the  balance  of  the  moneys 


so  collected  and  received  by  it  during  such 
period  shall  be  applied  to  the  uses  and  pur- 
poses of  said  corporation,  as  defined  and  pro- 
vided by  chapter  four  hundred  and  ninety- 
eight  of  the  laws  of  eighteen  hundred  and 
seventy-five.  The  said  last  named  corpora- 
tion may  maintain  in  its  corporate  name  any 
action  or  actions  in  any  court  of  record  of 
the  state  of  New  York,  to  recover  the  tax 
or  percentage  aforesaid  upon  such  business 
done  in  said  Twenty-third  and  Twenty-fourth 
wards  during  such  period,  and  also  to  recover 
for  the  breach  of  bond  or  undertaking  which 
has  been  or  may  be  given  to  it  pursuant  to 
the  provisions  of  this  title,  or  any  penalty 
imposed  thereby.  From  and  after  the  seven- 
teenth day  of  January,  nineteen  hundred  and 
seven,  the  said  percentage  of  tax  shall  be  col- 
lected by  the  treasurer  of  the  fire  department 
of  the  city  of  New  York,  as  provided  in  this 
title,  and  thereafter  until  the  seventeenth 
day  of  January,  nineteen  hundred  and  seven- 
teen, the  treasurer  of  said  fire  department 
shall  render  to  the  said  corporation  known 
as  the  “Trustees  of  the  Exempt  Fire- 
men’s Benevolent  Fund  of  the  City  of 
New  York,”  and  to  the  treasurer  of 
the  Firemen’s  association  of  the  state 
of  New  York,  quarterly,  in  each  year,  a 
sworn  statement  in  detail  of  the  amounts 
collected  and  received,  and  from  whom  and 
from  what  source,  on  account  of  said  tax, 
during  each  quarter,  excepting  the  amounts 
collected  in  that  portion  of  said  cHy,  known 
as  theTwenty-third  and  Twenty-fourth  warde, 
and  shall,  at  the  same  time,  pay  over  to  the 
said  treasurer  of  the  corporaition  known  as 
“The  Trustees  of  the  Exempt  Firemen’s  Be- 
nevolent Fund  of  the  City  of  New  York,” 
forty-five  per  centum  of  the  amount  so  re- 
ceived in  each  quarter  year,  for  the  use  and 
benefit  of  the  said  benevolent  fund,  and  to 
the  treasurer  of  the  Firemen’s  association  of 
the  state  of  New  York  ten  per  centum  of  the 
amount  so  received  in  each  quarter  year,  for 
the  endowment  and  maimtenance  of  the  said 
Volunteer  Firemen’s  home;  and  the  money  I 
so  received  by  the  said  treasurer  shall  be  paid 
over  to  the  treasurer  of  said  Volunteer  Fire- 
men’s home  in  the  manner  aforesaid.  The 
said  treasurer  o>f  the  fire  department  shall 
apprO'priate  and  apply  the  remainder  of  the 
moneys  so  to  be  collected  and  received  to 
the  uses  and  purposes  of  the  relief  fund  of 
said  department.  Until  the  seventeenth  day 
of  January,  nineteen  hundred  and  seventeen, 
the  treasurer  of  said  fire  department  shali 
render  to  the  treasurer  of  the  corporation 
known  as  the  trustees  of  “The  Exempt  Fire- 
men’s Benevolent  Fund  Association  of  the 
Twenty-third  and  Tw'enty-fourth  Wards  of  the 
City  of  New  York  (late  town  of  Morrisania, 
in  the  county  o<f  Westchester),  in  the  County 
of  New  York,”  and  to  the  treasurer  of  the 
Firemen’s  association  of  the  state  of  New 
York,  quarterly,  in  each  year,  a sworn  state- 
ment in  detail  of  the  amounts  collected  and 
received,  and  from  whoiq  and  from  what 
source  on  account  of  said  tax,  during  each 
quarter,  in  that  portion  of  the  S’aid  city 
known  as  the  Twenty-third  and  Twenty-fourth 
wards,  and  shall,  at  the  same  time,  pay  over 
to  the  said  treasurer  of  the  siaid  corporation 
known  os  the  trustees  of  ‘"rhe  Exempt  Fire- 
men’s Benevolent  Fund  Association  of  the 
Twenty-third  Ward  of  the  City  of  New  York 
(late  town  of  Morrisania,  in  the  counfy  of 
forty-five  per  centum  of  tlio  amount  so  re- 
ceived in  each  quarter  year,  for  the  use 
Westchester),  in  the  County  of  New  York,” 
and  benefit  of  the  said  corporation, 

and  to  the  treasurer  of  the  said 

Firemen’s  association  of  the  state  of 
New  York,  10  per  centum  of  the  amount  so 
! received  in  each  quarter  year,  for  the  endow- 


ment and  maintenance  of  said  volunteer  fire- 
men’s home,  and  the  moneys  so  received  by 
said  treasurer  shall  bo  paid  over  to  the  treas- 
urer of  said  volunteer  firemen’s  home  in 
the  manner  aforesaid.  The  said  treasurer  of 
the  fire  department  shall  appropriate  and  ap- 
ply the  remainder  of  the  moneys  so  to  be 
collected  and  received  by  it  to  the  uses  and 
purposes  of  the  relief  fund  of  said  department. 
The  said  corporation.'!  known  re.spectively  as 
the  trustees  of  the  Exempt  Firemen’s  Benevo- 
lent Fund  association  of  the  city  of  New 
York,  and  the  E.xempt  Firemen’s  Benevo- 
lent Fund  association  of  the  Twenty-third 
ward  of  the  city  of  New  York  (late  town  of 
Morrisania,  in  the  county  of  Westchester),  in 
the  county  of  Nev/  York,  shall  each  make  an 
annual  report  to  the  controller  of  the  state 
of  New  York,  on  or  before  the  first  day  in 
January  in  each  year,  duly  verified  by  the 
president  and  treasurer  thereof  of  the  amount 
of  money  received  during  the  year,  and  from 
whom  and  from  what  source  received,  and 
giving  in  detail  the  names  and  residences  of 
all  persons  to  whom  and  for  what  purposes 
any  moneys  were  paid,  with  the  amount  paid 
to  each  recipient,  and  of  the  amount  of  money 
on  hand,  and  how  invested.  No  trustee,  offi- 
cer or  agent  of  either  of  said  corporations 
shall  grant  or  give  to  any  beneficiary  or  oth- 
er person  any  greater  sum  than  shall  have 
been  determined  by  the  board  of  trustees  of 
such  corporation  by  a vote  of  a majority  of 
such  trustees,  after  due  investigations  of  the 
circumstances  of  each  case,  and  all  payments 
of  pensions  or  donations  shall  be  made  by  the 
treasurer  upon  such  order  of  the  trustees  of 
the  corporation,  and  for  all  such  payments 
the  treasurer  shall  take  receipts  from  the 
beneficiaries  receiving  the  same,  which  re- 
ceipts shall  be  filed  with  his  report  to  the 
trustees  of  the  corporation. 

Tax  on  receipts  of  foreigrn  jRre  iiisxir- 
aiice  eompanies  tlolns'  basine.ss  in  the 
horoiigli  of  nrookiyil. 

Sec.  809.  There  shall  bo  paid  to  the  fire 
commissioner,  until  the  seventeenth  day  of 
January  in  the  year  nineteen  hundred  and 
seventeen,  the  percentage  or  tax  upon  the  re- 
ceipts of  foreign  fire  insurance  companies  do- 
ing business  in  the  borough  of  Brooklyn,  and 
said  commissioner  shall  cause  the  moneys  so 
paid  to  him  to  be  paid  out  and  disposed  of  as 
follows; 

1.  To  the  New  York  fire  department  relief 
fund  45  per  centum. 

2.  To  .the  treasurer  of  the  Firemen’s  asso- 
ciation of  the  state  of  New  York,  who 
shall  pay  over  the  same  to  the  treasurer 
of  the  Volunteer  Firemen’s  home  at 
Hudson,  N.  Y.,  10  per  centum. 

3.  To  the  treasurer  of  the  widows  and  or- 
phans fund  of  the  late  volunteer  fire  de- 
partment of  the  westem  district  of  tha 
late  city  of  Brooklyn,  25  per  centum. 

4.  To  the  treasurer  of  the  widows  and  or- 
phans fund  of  the  late  volunteer  fire  de- 
partment of  tile  eastern  district  of  tho 
late  City  of  Brooklyn,  )3  1-3  per  centum. 

5.  To  the  treasurer  of  the  v.-idows  and  or- 
phans fund  of  the  late  volunteer  fire  de- 
partment of  the  former  town  of  New 
Lots,  3 1-3  per  centum. 

G.  To  the  treasurer  of  the  nndows  and  or- 
phans fund  of  the  late  volunteer  fire  de- 
partment of  the  former  town  of  Flat- 
bush,  2 1-3  per  centum. 

7.  To  the  treasurer  of  the  widows  and  or- 
phans fund  of  the  late  volunteer  fire  de- 
partment of  the  former  town  of  Graves- 
end, 2 1-3  per  centum. 

8.  To  the  treasurer  of  the  widows  and  or- 
phans fund  of  the  late  volunteer  fire  de- 


82 


THE  CHARTER  OF  ,TIIE  CITY  OP  NEW  YORK. 


partment  of  the  former  town  of  New 
Utrecht,  2 per  centum. 

9.  To  the  treasurer  of  the  widows  and  or- 
phans fund  of  the  volunteer  fire  depart- 
ment of  the  former  town  of  Flatlands, 
1 2-3  per  centum. 

The  fire  commissioner  shall  quarterly  in 
each  year  render  to  each  of  the  foregoing  as- 
sociations a sworn  statement  in  detail  of  the 
amounts  collected  and  received  by  him  as 
aforesaid,  and  from  whom  and  from  what 
source  on  account  of  said  tax  during  each 
quarter. 

And  the  custodian  or  trustees  receiving 
moneys  under  the  provisions  of  this  act  in 
the  borough  of  Brooklyn  shall  annually  make 
and  render  to  the  fire  commissioner  in  the 
month  of  January  a sworn  statement  as  to 
the  expenditure  of  said  funds,  and  upon  fail- 
ure so  to  do  the  fire  commissioner  may  with- 
hold the  said  percentage  and  it  shall  be  paid 
over  to  the  New  York  fire  department  relief 
fund,  and  any  use  of  said  percentage  for  pur- 
poses other  than  provided  by  law  shall  be  a 
misdemeanor  and  be  punishable  as  such. 

Sec.  810.  There  shall  be  paid  to  the  fire  com- 
missioner until  the  seventeenth  day  of  Jan- 
uary in  the  year  nineteen  hundred  and  seven- 
teen a percentage  or  tax  upon  the  receipts  of 
foreign  fire  insurance  companies  doing  busi- 
ness in  the  Borough  of  Richmond;  and  said 
commissioner  shall  cause  the  money  so  paid 
In  to  him  to  be  paid  out  and  disposed  of  as 
follow's: 

1.  To  the  New  York  Fire  Department  relief 
fund,  forty-five  per  centum. 

2.  To  the  treasurer  of  the  Firemen’s  Asso- 
ciation of  the  state  of  New  York,  who  shall 
pay  over  the  same  to  the  treasurer  of  the  Vol- 
unteer Firemen’s  Home  Association  at  Hud- 
son, New  York,  ten  per  centum. 

3.  To  the  treasurers  of  the  exempt  or  veter- 
an volunteer  firemen’s  associations  existing  in 
the  Borough  of  Richmond  at  the  time  this 
act  takes  effect,  forty-five  per  centum.  Said 
forty-five  per  centum  shall  be  apportioned  by 
said  fire  commissioner  among  all  such  associa- 
tions in  proDortion  to  the  actual  bona  fide 
membership  of  each  such  association  on  the 
first  day  of  January  next  preceding  the  time 
when  such  apportionment  is  made.  In  deter- 
mining the  membership  of  such  associations 
only  exempt  or  honorably  discharged  volunteer 
firemen  shall  be  considered  as  members. 

The  fire  commissioner  shall  quarterly  in 
each  year  render  to  each  of  the  foregoing  as- 
sociations a sworn  statement  in  detail  of  the 
amounts  collected  and  received  by  him  as 
aforesaid  and  from  whom  and  from  what 
source  on  account  of  said  tax  during  each 
quarter.  [Thus  amended  by  Chapter  602, 
Laws  of  1898.] 

Sec.  811.  There  shall  be  paid  to  the  fire 
commissioner  until  the  seventeenth  day  of 
January,  nineteen  hundred  and’  seventeen,  the 
percentage  or  tax  upon  the  receipts  of  foreign 
fire  insurance  companies  doing  business  in  the 
Borough  of  Queens;  and  said  commissioner 
'fehall  cause  the  moneys  so  paid  to  him  to  be 
paid  out  and  disposed  of  as  follows; 

1.  To  the  New  York  fire  department  relief 
fund,  forty-five  per  centum. 

2.  To  the  treasurer  of  the  Firemen’s  Asso- 
ciation of  the  state  of  New  York,  ’who  shall 
pay  over  the  same  to  the  treasurer  of  the  Vol- 
unteer Firemen’s  Home  Association  at  Hud- 
son, New  York,  ten  per  centum. 

3.  To  the  treasurers  of  the  exempt  or  veter- 
an volunteer  firemen’s  associations  existing  in 
the  Borough  of  Queens  at  the  time  this  act 
takes  effect,  forty-five  per  centum.  Said  for- 
ty-five per  centum  shall  be  apportioned  by  said 
fire  commissioners  among  all  such  associa- 
tions in  proportion  to  the  actual  bona  fide  mem- 
bership of  each  such  association  on  the  first 


day  of  January  next  preceding  the  time  when 
such  apportionment  is  made.  In  determin- 
ing the  membership  of  such  associations  only 
exempt  or  honorably  discharged  volunteer  fire- 
men shall  be  considered  as  members. 

The  fire  commissioner  shall  quarterly  in 
each  year  render  to  each  of  the  foregoing  as- 
sociations a sworn  statement  in  detail  of  the 
amounts  collected  and  received  by  him  as 
aforesaid  and  from  whom  and  from  what 
source  on  account  of  said  tax  during  each 
quarter.  [Amended  by  Chapter  602,  Laws  of 
1898.] 

CHAPTEE  XVI. 

DOCKS,  PIERS.  HARBOR,  PORT  AND 
WATERS. 

Title  1.  Department  of  docks  and  ferries. 

2.  Piers,  slips  and  wharfage. 

3.  General  provisions. 

TITLE  1. 

DEPARTMENT  OF  DOCKS  AND 
FERRIES. 

Boavtl  of  docIv.s,  commissioners,  ai>- 
poiiitment,  term  of  office,  ]>re.si«Ient 
and  salaries. 

Sec.  816.  The  head  of  the  department  of 
docks  and  ferries  shall  be  called  the  board  of 
docks.  The  bo'ard  of  docks  shall  consist  of 
chree  persons,  to  be  knowm  as  commissioners 
of  docks.  They  shall  be  residents  of  the 
city  of  New  York  and  shall  be  appointed  by 
the  mayor,  and  ho'ld  their  respective  offices  as 
provided  in  chapter  IV  of  this  act.  Said 
commissioners  shall  elect  one  of  their  num- 
ber president  of  said  board.  The  salary  of 
the  president  shall  be  six  thousand  dollars 
a year,  and  the  salary  of  each  of  the  other 
tw'o  commissioners  shall  be  five  thousand 
dollars  a year. 

Extension  of  jurisdiction  to  new  ter- 
ritoi’y. 

Sec.  817.  All  the  powers  and  duties  hereto- 
fore vested  in  and  devolved  upon  the  depart- 
ment of  docks,  of  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New  York,  are  de- 
volved upon  and  vested  in  the  department 
of  docks  and  ferries  hereby  created,  and  in 
addition  thereto  the  powers  and  duties  of 
said  department  are  hereby  extended  so  as  to 
include  all  the  water  front,  wharf  property, 
lands  under  water,  wharves,  piers,  bulkheads 
and  structures  thereon  situate,  within  the 
city  of  Brooklyn;  the  county  of  Richmond 
and  that  portion  of  Queens  county  by  this  act 
consolidated  with  the  corporation  known  as 
the  mayor,  aldermen  and  commo'nalty  of 
the  city  of  New  York;  and  the  said  board  of 
docks  shall  have  the  same  powers,  subject  to 
the  approval  of  the  commissioners  of  the  sink- 
ing fund,  to  adopt  and  execute  a plan  or  plans 
for  the  water  front  of  the  city  of  New  York,  as 
constituted  by  this  act,  and  to  fix  and  establish 
the  line  of  solid  filling,  bulkheads  and  pier- 
head lines,  the  distances  between  piers,  meth- 
ods and  character  of  construction  of  wharves 
and  piers  within  the  entire  territory  of  the 
city  of  New  York,  as  constituted  by  this  act, 
that  the  said  department  of  docks  possessed 
at  the  time  this  act  takes  effect  within  the 
territory  of  the  city  of  New  York,  as  hereto- 
fore known  and  bounded. 

Jurisdiction,  i>owers  and  duties. 

Sec.  818.  The  board  of  docks  shall  have  ex- 
clusive charge  and  control,  subject  in  the  par- 
ticulars hereinafter  mentioned  to  the  com- 
missioners of  the  sinking  fund,  of  the  wharf 
property  belonging  to  the  corporation  of  the 
city  of  New  York,  as  constituted  by  this  act, 
including  all  the  wharves,  piers,  bulkheads 
and  structures  thereon,  and  waters  adjacent 
thereto,  and  all  the  slips,  basins,  docks,  wa- 
terfronts, land  under  water  and  structures 
thereon  and  the  appurtenances,easements,uses, 
reversions  and  rights  belonging  thereto  which 


are  now  owned  or  possessed  by  the  said  cor- 
poration, or  to  which  said  corporation  is,  or 
may  become  entitled,  or  which  said  corpora- 
tion may  acquire  under  the  provisions  hereof, 
or  otherwise;  and  said  board  shall  have  ex- 
clusive charge  and  control  of  the  repairing, 
building,  rebuilding,  maintaining,  altering, 
strengthening,  leasing  and  protecting  said 
property,  and  every  part  thereof,  and 
of  all  the  cleaning,  dredging  and  deep- 
ening necessary  in  and  about  the 
same.  Said  board  is  also  hereby  invested,  ex- 
cept as  otherwise  expressly  stated  in  this  act, 
with  the  exclusive  government  and  regulation 
of  all  wharf  property,  wharves,  piers,  bulk- 
heads and  structures  thereon,  and  waters  ad- 
jacent thereto,  and  all  the  basins,  slips  and 
docks,  with  the  land  under  water  in  said  city 
not  owned  by  said  corporation.  The  board  of 
docks  shall  not  have  power  to  change  the 
exterior  line  of  piers  and  bulkheads,  estab- 
lished by  law. 

The  board  of  docks  shall  also  have  exclu- 
sive charge  and  control,  subject  in  the  partic- 
ulars hereinafter  mentioned  to  the  commis- 
sioners of  the  sinking  fund,  of  all  ferries  and 
ferry  property  belonging  to  the  oorporation  of 
the  city  of  New  York,,  as  hereby  constituted. 

Plans  for  ’water  fronts. 

Sec.  819.  The  plan  or  plans  for  the  whole 
or  any  part  of  the  -wmter  front  of  the  city  of 
New  York,  as  constituted  by  this  act,  includ- 
ing the  water  front  on  the  westerly  side  of 
the  Harlem  river  from  the  easterly  line  of 
the  Third  avenue  where  said  line  strikes 
said  river  along  the  water  front  from  said  line 
to  the  northerly  side  of  Eighty-sixth  street 
on  the  East  river  determined  upon  by  the 
department  of  docks,  of  the  city  of  New  York, 
as  heretofore  known  and  bounded,  adopted 
and  certified  to  by  the  commissioners  of  the 
sinking  fund,  and  filed  in  the  office  of  said 
department  of  docks,  in  accordance  with  the 
provisions  of  the  third  subdivision  of  section 
ninety-nine  of  chapter  one  hundred  and  thir- 
ty-seven of  the  laws  of  eighteen  hundred  and 
seventy  as  amended  by  section  six  of  chap- 
ter five  hundred  and  seventy-four  of  the  laws 
of  eighteen  hundred  and  seventy-one  and  such 
plan  or  plans  as  may  be  determined  upon 
pursuant  to  section  817  of  this  act,  by  the 
board  of  docks  created  by  this  act,  adopted 
and  certified  to  by  the  commissioners  of  the 
sinking  fund  and  filed,  or  that  may  be  filed 
in  the  office  of  said  board  of  docks  shall  be 
and  continue  to  be  the  sole  plan  or  plans, 
according  to  which  any  wharf,  pier,  bulkhead, 
basin,  dock,  slip  or  any  wharf  structure  or 
superstructure  shall  be  laid  out  or  construct- 
ed within  the  territory  or  district  embraced, 
or  that  may  hereafter  be  embraced  in  and 
specified  upon  said  plan  or  plans,  and  shall 
be  the  sole  plan  or  plans  and  authority  for 
solid  filling  in  the  waters  surrounding  the 
city  of  New  York,  and  on  said  Harlem  river, 
and  for  extending  piers  into  said  waters 
and  erecting  bulkheads  around  said  city, 
and  on  the  westerly  side  cf  the  Harlem 
river,  and  all  other  provisions  of  law 
regulating  solid  filling  and  pier  and  bulk- 
head lines  In  said  waters,  are  to  be  deemed  to 
be  repealed  whenever  said  plan  or  plans  is 
or  are  inconsistent  with  such  provisions  of  law 
and  all  laws  giving  any  power  or  authority 
as  to  said  water  front  in  the  territory  em- 
\ braced  in  this  section,  to  any  other  depart- 
ment of  the  city  of  New  York,  as  heretofore 
known  and  bounded,  or  to  any  department  of 
any  municipal  or  public  corporation  which,  or 
part  of  which,  is  consolidated  by  this  act 
with  the  may’or,  aldermen  and  commonalty 
I of  the  city  of  New  York,  are  hereby  repealed. 

! No  wharf,  pier,  bulkhead,  basin,  dock,  slip, 

, exterior  street  or  any  wharf,  structure  or  su- 
perstructure shall  be  laid  out,  built  or  rebuilt. 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


83 


■within  such  territory  or  district  except  in  ac- 
cordance with  such  plan  or  plans,  provided 
that  said  board  of  docks,  with  the  consent  and 
approval  of  the  commissioners  of  the  sinking 
fund,  may,  from  time  to  time,  change  the 
width  or  location  of  the  piers  laid  down  on 
said  plan  or  plans;  and  provided,  also,  that 
said  board  of  docks  may  build,  or  rebuild,  or 
license  or  permit  the  building  or  rebuilding, 
of  temporary  wharf  structures,  and  said  board 
may  lease  land  covered  with  water  belonging 
tothecity  of  New  York  for  the  purpose  there- 
of, such  lease,  license  or  permit  to  continue 
and  remain  at  the  will  and  pleasure  of  said 
board,  or  for  a time  not  longer  than  until 
the  wharves,  piers,  bulkheads,  basins,  docks, 
or  slips  to  be  built  or  constructed  according 
to  such  plan  or  plans,  sihall  in  the  judgment 
of  said  board,  require  and  need  to  be  built 
or  constructed;  and  provided,  further,  that 
the  board  of  docks  with  the  consent  and 
approval  of  the  commissioners  of  the  sinking 
fund  may  alter  and  extend  the  present  pier 
head  line,  as  now  established  on  the  Hudson 
river,  between  Battery  place  and  Seventieth 
street,  and  establish  a new  pier  head  line  be- 
tween these  points,  and  may  authorize  the 
construction  of  now  piers  out  to  said  pier 
head  line,  and  may  extend  those  piers  already 
built  out  to  said  line;  and  may 

build  new  piers  or  extend  piers 
already  built,  out  to  such  pier  head 
lines  as  are  now  or  may  hereafter  be  estab- 
lished by  the  ,secretary  of  war  under  act  of 
congress.  The  board  of  docks  is  hereby  au- 
thorized and  empowered,  with  the  consent 
and  approval  of  the  commissioners  of  the  sink- 
ing fund,  to  alter  and  amend  the  plans  of  the 
improvement  of  the  water  front  determined 
upon  by  the  department  of  docks,  and  approved 
by  the  commissioners  of  the  sinking  fund  of 
the  city  and  county  of  New  York,  in  1871,  be- 
tween the  Battery  and  Grand  street  on  the 
East  river  and  between  the  Battery  and  West 
Sixty-second  street  on  the  North  river.  IVhen- 
ever  the  plan  so  determined  upon  and  adopt- 
ed, or  hereafter  to  be  determined  upon  and 
adopted,  shall  include  the  widening  of  an  ex- 
terior street  or  avenue,  or  the  opening  and 
construction  of  a new  exterior  street  or  exte- 
rior avenue,  or  the  abandonment  or  closing  of 
such  street  or  avenue  already  in  existence, 
the  power  to  widen,  open,  construct,  aban- 
don or  close  the  same  shall  exclusively  reside 
■with  the  said  boarj  of  docks,  which  is  hereby 
authorized  to  take  such  steps  as  may  be  nec- 
essary in  that  regard,  and  after  the  same  shall 
have  been  so  widened  or  opened,  the  right  to 
maintain  the  widened  portion  of  a street  or 
avenue  already  opened,  and  such  new  street 
or  avenue  shall  also  reside  with  the  said  board 
of  docks;  but  the  street  or  avenue  so  widened 
to  the  extent  of  the  part  so  widened,  or  such 
new  street  or  avenue  opened  under  this  plan 
shall  not  be  a public  street,  but  shall  be  a 
marginal  wharf,  and  shall  be  used  in  that  re- 
gard in  such  manner  from  time  to  time  as  the 
board  of  docks  shall,  by  resolution,  determine. 
The  board  of  docks  shall  have  exclusive  power 
to  regulate  the  use  of  marginal  streets  so 
that  the  land  and  buildings  upon  all  such  mar- 
ginal streets  may  be  used  to  the  best  advan- 
tage in  connection  with  the  wharves  and  bulk- 
heads; and  the  board  of  docks  shall  have  the 
power  to  regulate,  by  license  or  by  any  other 
suitable  means,  the  transfer  of  goods  and  mer- 
chandise upon,  over  or  under  all  such  mar- 
ginal streets;  except  that  the  said  board  of 
docks  shall  not,  under  this  section,  have  any 
power  in  respect  to,  or  jurisdiction  over,  -the 
public  driveway  authorized  by  and  construct- 
ed under  chapter  102  of  the  laws  of  1893  and 
acts  amendatory  thereof. 

Sarvey*  of  water  front. 

Sec.  820.  The  board  of  docks  is  authorized 


to  cause  to  be  made  the  necessary  surveys, 
soundings,  and  other  examinations  of  the  wa- 
ter front  of  the  city  of  New  York,  as  consti- 
tuted by  this  act,  where  the  same  has  not  al- 
ready been  determined,  and  to  ascertain  the 
capacities  and  requirements  of  said  water 
front  for  adaptation  to  commercial  and  other 
uses. 

Construction  of  i>iers  and  docUs  rej¥- 

nlated. 

Sec.  821.  In  executing  the  plan  or  plans  men- 
tioned in  section  819  of  this  act,  the  board 
of  docks  shall  proceed,  according  to  said 
plan  or  plans,  to  lay  out,  establish  and  con- 
struct wharves,  piers,  bulkheads,  basins, 
docks  or  slips  in  the  territory  or  district  em- 
braced in  such  plan  or  plans,  and  in  and 
upon  or  about  the  property  owned  by  the  city 
of  New  York,  without  interfering  with  the 
property  or  rights  of  any  other  person  ex- 
cept so  far  as  may  be  necessary  to  insure  the 
safety  and  sta,bility  of  the  wharves,  piers, 
bulkheads,  basins  or  slips  so  to  be  constructed. 
And  said  board  may  commence  and  carry  on 
such  construction  in  sections  of  said  territory 
or  district  from  time  to  time,  so  as  not  to 
seriously  incommode  the  commerce  of  said 
city.  The  work  of  said  construction  under  such 
plan  or  plans  shall,  unless  ordered  to  be  other- 
wise performed  by  the  affirmative  vote  of  all  the 
commissioners  of  docks,  be  performed  as  fol- 
lows: The  said  board  of  docks  shall  prepare 
full  and  minute  specifications  for  such  work, 
and  advertise  for  proposals  for  doing  said 
work  under  said  plan  or  plans,  and  according 
to  such  specifications;  proposals  therefor  shall 
be  signed  by  the  bidders  for  the  said  work 
and  be  sent  to  the  said  board  within  the  time 
specified  in  such  advertisement,  accompanied 
by  a bond  in  the  form  set  forth  in  said  speci- 
fications, duly  executed.  The  said  board  of 
docks  shall  open  said  proposals  on  a day  to 
be  specified  in  such  advertisement,  and  shall 
examine  them,  and  unless  the  said  board  shall 
deem  it  for  the  interest  of  the  city  to  reject 
all  bids,  shall  award  the  contract  for  said  work 
to  the  lo'west  responsible  bidder  complying 
with  such  plan  or  plans  and  specifications; 
such  contract  shall  be  executed  by  the  said 
board  of  docks  on  behalf  of  the  city  of  New 
York,  and  shall  always  contain  provisions  as 
to  the  time  of  commencing  and  completing 
said  work,  and  for  the  retention  of  at  least 
one-fourth  of  its  contract  price,  until  the  com- 
pletion of  said  work,  as  security  for  its  per- 
formance, and  for  the  forfeiture  of  said  con- 
tract for  non-performance  of  the  terms  there- 
of. Said  board  of  docks  may,  upon  the  for- 
feiture of  any  such  contract,  proceed  to  com- 
plete the  v/ork  thereunder  without  contract 
or  may  readvertise  for  proposals  to  complete 
said  work  and  award  a new  contract  therefor 
in  the  same  manner  as  provided  herein  for 
awarding  the  original  contract;  but  no  bidder 
under  this  section  shall  be  entitled  to  a 
contract  until  his  bid  be  approved  and  ac- 
cepted by  said  board  of  docks,  provided,  how- 
ever, that  repairs  may  be  done  by  days’  work, 
and  without  contract,  whenever  in  the  judg- 
ment of  the  board  of  docks  it  is  expedient  so 
to  do. 

Pnrchase  of  ■vrhiirf  proper-ty  for  cor- 
Isoration;  procceiling-.s  to  acquire. 

Sec.  822.  The  board  of  docks,  with  the 
approval  of  the  commissioners  of  the 
sinking  fund,  is  authorized  to  acquire 
in  the  name  and  for  the  benefit  of 
the  corporation  of  the  city  of  New  York  any 
and  all  wharf  property  in  the  city  of  New  York, 
as  coEsticuced  by  this  act,  to  which  the  corpo- 
ration of  the  city  of  New  Y’ork  then  .has  no 
right  or  title,  and  any  rights,  terms,  ease- 
ments and  privileges  pertaining  <o  any  wharf 
property  in  the  city  of  New  York,  and  not 
owned  by  said  corporation;  and  said  board  of 


docks  may  acquire  the  same  either  by  pur- 
ohiase  or  by  process  of  law,  as  herein  pro- 
vided. Said  board  of  docks  may  agree  with 
the  owners  of  any  such  property,  rig'hts, 
terms,  easements  or  privileges,  upon  a price 
for  the  same,  and  shall  certify  such  agree- 
ment to  the  commissioners  of  -the  sinking 
fund,  and  if  the  said  commissioners  approve 
of  such  agreement,  said  board  of  docks  shall 
take  from  such  owners,  at  such  price,  the  nec- 
essary conveyances  and  covenants  for  ves>t,ing 
said  property,  rights,  terms,  easements  or 
privileges  in,  and  a.ssuring  the  same  to  the 
city  of  New  York  forever,  and  said  owner 
shall  be  paid  such  price  from  the  city  treas- 
ury as  provided  in  this  act.  If  the  said 
board  of  docks  shall  deem  it  proper  and  ex- 
pedient chat  the  said  corporation  should  ac- 
quire possession  of  such  wharf  property, 
rights,  terms,  easements  or  privileges,  for 
which  no  price  can  he  agreed  upon  between 
said  board  and  the  owner  or  owners  thereof, 
the  said  board  of  docks  may  direct  the  cor- 
poration counsel  of  said  city  to  take  legal 
proceedings  to  acquire  the  same  for  the  city, 
and  the  said  corporation  counsel  shall  take 
the  same  proceedings  to  acquire  the  same  as 
are  by  law  provided  for  the  taking  of  pri- 
vate property  in  said  city  for  public  streets 
or  places,  and  the  provisions  of  law  relating 
to  the  taking  of  private  property  for  public 
streets  or  places  in  said  city  are  hereby  made 
applicable,  as  far  as  may  be  necessary,  to  the 
acquiring  of  the  said  property,  rights,  terms, 
easements  and  privileges,  and  the  said  board 
of  docks  is  also  empowered  to  acquire  in  like 
manner  the  title  to  such  lands  under  water 
and  uplands,  within  the  city  of  New  York,  as 
constituted  by  this  act,  as  shall  seem  to  said 
board  of  docks  necessary  to  be  taken  for  the 
improvement  of  the  water  front. 

The  just  compensation  to  which  the  owner 
of  property  taken  under  the  foregoing  provis- 
ions is  entitled  shall  be  ascertained  and  deter- 
mined upon  the  following  principles.  If  all 
of  the  property  of  such  owner  is  taken,  the 
compensation  awarded  shall  be  the  fair  and 
just  value  of  the  said  property.  If  the  prop- 
erty of  the  riparian  proprietor  has  been  built 
upon  or  improved,  and  if  such  buildings  or 
improvements  are  upon  a single  tract  con- 
tiguous to  or  adjoining  lands  under  water, 
or  which  were  originally  under  water,  and 
used  in  connectipn  therewith,  and  part  only 
of  such  property  is  proposed  to  be  taken,  the 
fair  and  just  value  of  the  entire  premises  shall 
first  be  ascertained,  and  then  there  shall  be 
ascertained  the  like  value  of  the  premises  in 
the  condition  in  which  they  will  be  after  the 
part  is  taken,  and  the  difference  in  value,  be 
it  more  or  less  than  the  separate  value  of  the 
part  taken,  shall  constitute  the  measure  of 
compensation. 

Provided  that  said  board  of  docks,  with  the 
approval  of  the  commissioners  of  the  sinking 
fund,  hereby  is  empowered  to  agree,  license 
and  permit  private  owners  of  any  bulkheads, 
piers  or  water  rights,  to  make  the  necessary 
improvements  upon  their  bulkheads,  piers  or 
water  rights,  so  as  to  conform  to  the  plan  al- 
ready adopted  by  the  department  of  docks  and 
approved  by  the  commissioners  of  the  sinking 
fund  of  the  city  of  New  York,  as  heretofore 
known  and  bounded,  or  to  be  hereafter  adopt- 
ed and  approved,  pursuant  to  this  chapter, 
during  the  period  which  shall  intervene  prior 
to  the  extinguishment  of  such  private  owner- 
ships by  the  city  of  New  York,  such  improved 
ments  to  be  made  by  such  owners  under  the 
supervision  of  the  board  of  docks,  or  by  the 
board  of  docks  itself,  as  may.be  agreed  upon, 
at  the  cost  and  expense  of  such  private  own- 
ers, in  the  first  instance,  and  upon  such  rea- 
sonable terms  as  to  reimbursing  said  private 
owners  for  such  improvemenrs  and  as  to 
wiiarfage  and  other  riparian  rights  thereon 


84 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


and  therefrom,  as  may  be  agreed  upon.  All 
agreements  and  licenses  or  permits  heretofore 
made  or  entered  into  between  the  mayor,  al- 
dermen and  commonalty  of  the  city  of  New 
York  and  any  private  owners,  as  to  the  mak- 
ing of  like  improvements  upon  their  property, 
are  hereby  ratified,  confirmed  and  made  valid. 

Aoixniremeiit  <>£  cerfaiiu  wliarf  prop- 
erly on  Nortli  and  East  river.s. 

Sec.  823.  In  all  proceedings  taken  by  the 
board  of  docks  of  the  city  of  New  York  for 
the  acquirement  of  wharf  property,  rights, 
terms,  easements  or  privileges,  or  lands  un- 
der water  and  uplands  in  the  city  of  New 
York,  if  said  wharf  property  or  lands  under 
water,  or  w’harf  property  to  which  said  rights, 
terms,  easements  or  privileges  are  appurten- 
ant, is,  or  are,  situated  between  the  souther- 
ly side  of  Bethune  street  and  the  northerly 
side  of  Gansevoort  street,  upon  or  adjacent 
to  the  North  river  in  the  city  of  New  York, 
or  between  the  southerly  side  of  East  Eigh- 
teenth street  and  the  southerly  side  of  Bast 
Twenty-first  street,  upon  or  adjacent  to  the 
East  river,  it  shall  not  be  necessary  for  the 
said  board  of  docks  to  make  any  attempt  to 
agree  with  the  owners  of  any  such  property, 
rights,  terms,  easements,  privileges,  uplands 
or  lands  under  water,  upon  a price  for  the 
same,  before  commencing  the  proceedings  au- 
thorized by  section  822  of  this  aot. 

In  a proceeding  brought  for  the  acquire- 
ment of  any  such  wharf  property,  rights, 
terms,  easements,  or  privileges,  or  uplands, 
or  lands  under  water  situate,  as  in  this  sec- 
tion set  forth,  the  title  to  the  said  wharf  prop- 
erty, uplands  and  lands  under  w'ater,  rights, 
terms,  easements,  and  privileges  shall  vest 
in  the  city  of  New  York  four  mouths  after  the 
filing  in  the  office  of  the  clerk  of  the  supreme 
court,  in  the  first  judicial  district,  of  the 
oaths  of  the  commissioners  of  estimate  and 
assessment  in  said  proceeding  appointed,  and 
all  of  the  rights,  title  and  interest  of  any  and 
all  of  the  owners  or  persons  interested  in  the 
said  wharf  property,  rights,  terms,  easements 
and  privileges  or  lands  under  water,  or  up- 
lands, shall  cease  and  determine  and  be  ex- 
tinguished at  such  time.  All  the  aw'ards 
made  in  such  proceeding  for  the  value  of 
property  acquired  or  interests  extinguished, 
shall  draw  interest  from  the  time  of  the  vest- 
ing of  the  title  in  the  city  of  New  York. 

Acqaireiiient  of  wliayf  property  in 

whieli  city  lias  some  interest. 

Sec.  824.  In  all  proceedings  by  the  board  of 
docks  of  the  city  of  New  York  for  the  ac- 
quirement of  the  interests  of  any  person  or 
corporation  who  is  an  owner  in  co^mmon  or  a 
joint  tenant  with  the  city  of  New  York  of 
any  wharf  property,  rights,  terms,  easements, 
or  privileges,  or  lands  under  water  and  up- 
lands, it  shall  not  be  necessary  for  the  said 
board  ot  docks  to  make  any  attempt  to 
agree  with  said  person  or  corporation  who  is 
a tenant  in  common  or  joint  tenant  as  afore- 
said with  the  city  of  New  York  upon  a price 
for  the  same,  before  commencing  the  pro- 
ceedings authorized  by  section  822  of  this  aot. 

In  a proceeding  brought  for  the  acquirement 
of  any  such  right,  title  or  interest  in  or  to 
any  such  wharf  property,  rights,  terms,  ease- 
ments or  privileges,  or  uplands,  or  lands 
under  water,  owned  as  in  this  section  set 
forth,  the  title  of  the  person  or  corporation 
who,  or  which  is,  the  tenant  in  common  or 
joint  tenant  -with  the  city  of  New  York  to  the 
said  wharf  property,  uplands  and  lands  under 
water,  rights,  terms,  easements  and  privi- 
leges, shall  vest  in  the  city  of  New  York 
four  months  after  the  filing  in  the  office  of 
the  clerk  of  the  supreme  court,  in  the  First 
judicial  district,  of  the  oaths  of  the  commis- 
sioners of  estimate  and  assessment  in  said 
proceeding  appointed,  and  all  of  the  rights. 


title  and  interest  of,  in  and  to  the  said  own- 
ers, persons  or  corporations  interested  in  said 
wharf  property,  rights,  terms,  easements, 
privileges  or  lands  under  water  or  uplands, 
shall  cease,  determine  and  be  extinguished 
at  such  time.  AH  the  awards  made  in  such 
proceeding  for  the  value  of  property  ac- 
quired or  interest  extinguished  shall  draw 
interest  from  the  time  of  vesting  of  the 
title  in  the  city  of  New  York. 

Wliarfaae  anti  docUagre  oliarpfes;  leas- 
ing- property!  oyster  I>u.siness;  desig- 
iiation  of  -tvater  front  foi‘. 

Sec.  825.  When  any  of  the  wharves,  piers, 
bulkheads,  slips,  docks,  and  basins  construct- 
ed under  the  provisions  of  this  chapter  shall 
be  open  to  the  public  use,  the  board  of  docks 
shall  subject  to  the  provisions  of  law,  regulate 
the  charges  for  wharfage,  cranage  and  dockage 
of  all  vessels  admitted  thereto,  and  may  alter 
such  charges  from  time  to  time  as  the  pub- 
lic trade  may  authorize  and  the  said  board 
of  docks  deem  proper;  provided  that  the  rates 
of  wharfage  on  boats  navigating  the  canals 
of  the  state  shall  not  be  increased  beyond 
the  rates  in  force  on  April  eighteenth,  one 
thousand  eight  hundred  and  seventy-one,  ex- 
cept as  hereinafter  specifically  provided,  and 
no  restriction  of  the  amount  of  wharf  and 
slip  room  occupied  by  them  shall  be  made; 
and  said  board  of  docks  may  appropriate  any 
of  such  wharves,  as  the  owners  thereof  may 
apply  to  have  so  designated  or  appropriated 
to  the  sole  use  of  special  kinds  of  commerce, 
or  of  steamboats,  or  of  any  other  class  or 
description  of  ships  or  vessels,  and  may  re- 
strain and  prohibit  any  ship,  steamboat,  or 
any  other  vessel  or  water  craft  whatever 
from  coming  Into,  or  lying,  mooring,  or  an- 
choring at  or  within  any  such  wharf,  pier, 
or  slip  of  said  the  city  of  New  York,  except 
such  as  may  be  so  designated  for  their  use, 
respectively.  Said  board  of  docks  may,  in 
the  name  of  and  for  the  benefit  of  the  corpora- 
tion of  the  city  of  New  York  lease  any  or  all 
of  such  property,  and  any  and  all  -wharf 
property  belonging  to  the  city  of  New  York, 
as  constituted  by  this  aot,  for  a term  not 
exceeding  ten  years,  and  covenant  for  rene-w^ 
al  or  renewals  at  advanced  rents  of  such 
leases  for  terms  of  ten  years  each,  but  not 
exceeding  in  t]?e  aggregate  fifty  years.  The 
board  of  docks  may  set  aside,  designate  and 
appropriate  a suitable  location  on  the  water- 
front in  the  city  of  New  York,  for  the  sole 
use  of  the  oyster  business.  Such  designation 
or  appropriation -siiall  be  subject  at  any  time 
to  revocation  by  said  board. 

Ferrie.s;  lea.sing-  of. 

Sec.  826.  The  board  of  docks  shall  have 
pow-er  and  is  authorized  to  lease  in  the  name 
of  and  for  the  benefit  of  the  city  of  New  York 
in  the  manner  provided  by  law,  the  franchise 
of  any  ferry  or  ferries  belonging  to  said  city 
for  the  highest  marketable  price  or  rental,  at 
public  auction  or  by  sealed  bids,  and  always 
after  public  advertisement  and  appraisal  un- 
der the  direction  of  said  board  but  not  for  a 
term  longer  than  ten  years,  nor  for  a renewal 
for  a longer  term  than  ten  years.  And  said 
board  shall  also  possess  the  power  and  is  here- 
by authorized  to  lease,  in  like  manner  along 
with  the  franchise  of  a ferry  or  ferries  be- 
longing to  said  city,  such  wharf  property,  in- 
cluding wharves,  piers,  bulkheads  and  struc- 
tures thereon  and  slips,  docks  and  -water 
fronts  adjacent  thereto,  used  or  required  for 
the  purposes  of  such  ferry  or  ferries,  now 
owned  or  possessed,  or  which  may  hereafter 
be  owned  or  acquired  by  said  city  or  to  which 
the  said  city  is  or  may  become  entitled,  or  of 
which  it  may  become  possessed.  'But  said 
board  shall  make  no  lease  authorized  by  this 
section,  unless  the  terms  of  said  lease  are  ap- 


proved by  the  commissioners  of  the  sinking 
fund.  The  proceeds  of  said  leasing  shall  on 
receipt  thereof  after  paying  all  necessary 
charges  be  immediately  paid  to  the  credit  of 
the  sinking  fund.  But  nothing  in  this  section 
contained  shall  be  held  to  apply  to  that  por- 
tion of  the  East  river  which  is,  by  law,  ex- 
clusively set  apart  for  the  use  of  canal  boats 
engaged  in  the  transportation  of  freights  in 
the  Hudson  river  coming  to  tidewater  from 
the  canals  of  this  state. 

To  establish  rules  for  f^overnment; 
penalties. 

Sec.  827.  The  board  of  docks  shall  establish 
and  enforce  all  needful  rules  and  regulations 
for  the  government  and  proper  care  of  all 
the  property  placed  in  its  charge,  and  under 
its  control  by  the  provisions  of  this  chapter, 
relating  thereto,  and  shall  furnish  a copy  of 
such  rules  and  regulations  to  all  the  owners 
and  occupants  of  such  property,  and  shall 
make  all  needful  orders  necessary  to  carry  out 
the  provisions  of  this  chapter  relating  thereto 
into  effect,  and  fix  penalties  for  disobeying 
such  rules,  regulations,  or  orders,  and  shall 
publish  such  orders.  The  violation  of  or  diso- 
bedience to  any  rule,  regulation  or  order  of 
said  board  of  docks,  shall  be  a misdemeanor, 
punishable  by  a fine  not  exceeding  $500,  or  by 
imprisonment  not  exceeding  thirty  days,  or  by 
both  such  fine  ahd  imprisonment,  on  com- 
plaint of  such  board  of  docks.  The  penalties 
aforesaid  may  be  recovered  by  suit  in  the 
name  of  the  city  of  New  York,  and  such  suit 
shall  be  prosecuted  by  the  corporation  counsel 
when  directed  by  the  board  of  docks,  and  no 
defendant  in  any  such  suit  shall  be  permitted 
to  plead  ignorance  of  any  such  order,  rule  or 
regulation.  All  rents,  fines  and  penalties, 
and  all  other  money  collected  by  said  board  or 
by  its  direction,  shall  belong  to  the  treasurer 
of  said  city,  and  be  paid  into  the  sinking  fund 
for  the  redemption  of  the  city  debt.  The 
board  of  docks  shall  hold  stated  meetings,  at 
times  to  be  specified  in  its  by-laws,  which 
said  board  shall  prepare  and  may  alter  from 
time  to  time. 

Offices  and  officers;  duties  and  salaries 

Sec.  828.  The  board  of  docks  shall  have 
power  to  furnish  and  supply  offices,  provided 
In  accordance  with  law,  for  the  transaction  of 
the  business  of  the  department  of  dopks  and 
ferries.  The  board  of  docks  shall  appoint  a 
secretary  and  other  officers,  clerks  and  agents 
to  assist  said  board  in  the  performance  of  its 
duties  and  the  exercise  of  its  powers;  and 
also  the  necessary  employees  for  the  work  of 
construction,  repairs  and  maintenance;  and 
shall  fix  the  compensation  of  all  persons  so 
appointed.  But  the  annual  expenses  of  said 
depa,rtment  for  rent,  furniture,  supplies  and 
compensation  of  secretary  and  subordinate 
officers,  clerks  and  agents  shall  not  exceed 
in  the  aggregate  the  sum  of  one  hundred 
thousand  dollars,  except  with  the  consent  of 
the  commissioners  of  the  sinking  fund.  The 
president  of  the  board  of  docks  shall  be  elected 
annually  by  the  members  thereof,  and  shall 
preside  at  all  meetings  of  said  board,  and  in 
case  of  his  absence  a temporary  president 
may  be  elected  by  the  board  to  preside.  Any 
member  may  resign  his  office  by  written  resig- 
nation sent  to  the  mayor.  If  any  member  of 
said  board  of  docks  shall  cease  to  reside  in 
the  city  of  New  York,  as  constituted  by  this 
act,  his  office  as  a member  of  said  board  shall 
become  vacant. 

Annual  report;  contents. 

Sec.  829.  The  board  of  docks  shall  annually 
present  to  the  mayor  of  the  city  a report  con- 
taining; 1.  The  name,  occupation,  and  com- 
pensation of  all  officers,  clerks  and  agents  ap- 
pointed and  employed  by  said  board.  2.  A 
statement  of  the  actions  of  the  board  of  docks 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


85 


i 

for  the  past  year,  classified  with  reference 
to  the  various  subjects  and  duties  which  have 
engaged  its  attention.  3.  A list  of  the  orders 
and  rules  made  by  said  board  of  docks,  and  a 
description  of  the  contracts  made  by  said 
board,  the  payments  made  by  said  board,  and 
the  purposes  and  amounts  thereof,  and  the 
leases  made  by  said  board,  for  what  term,  at 
what  rent,  to  w'hom  and  for  what  property. 
Said  board  of  docks  shall  at  the  time  it  pre- 
sent its  said  annual  report  to  the  mayor,  also 
file  with  the  civil  service  supervisory  and 
examining  boards  of  the  city  of  New  York  a 
complete  statement  of  the  name,  address  and 
salary,  or  compensation  of  all  persons  em- 
ployed in  any  capacity  by  said  board  of  docks, 
which  shali  be  published  in  the  City  Record 
and  the  corporation  newspapers. 

Seal. 

Sec.  830.  The  board  of  docks  may  adopt  a 
common  seal  for  said  department  of  docks 
and  ferries,  and  direct  its  use.  Said  seal  shall 
be  a device  of  the  arms  of  the  city  of  New 
York  surrounded  by  the  words  “Department 
of  docks  and  ferries.  The  city  of  New  York.” 
engraved  upon  a metal  disk  two  and  one- 
quarter  inches  in  diameter,  and  the  same  may 
be  renewed  whenever  necessary.  An  impres- 
sion of  such  seal  made  directly  on  paper  shall 
be  as  valid  as  if  made  on  a w’afer  or  on  wax. 

Every  iease,  conaaot  or  other  instrument, 
executed  in  pursuance  of  any  authority  con- 
ferred on  said  board  of  docks  by  law,  and 
sealed  with  such  seal,  attested  and  proved 
according  to  law  by  the  secretary  appointed 
by  said  board,  shail  be  received  in  evidence, 
and  may  be  recorded  in  the  proper  recording 
offices  in  the  same  manner  and  with  the  like 
effect  as  if  sealed  with  the  seai  of  the  corpor- 
ation of  the  city  of  New  York,  attested  and 
proved  by  the  clerk  thereof. 

Lands  nnder  water  owned  l>y  state. 

Sec.  831.  The  commissioners  of  the  iand  of- 
fice are  hereby  authorized  to  convey  by  proper 
instruments,  in  writing,  necessary  for  the 
purpose,  all  the  property,  right,  title  and  in- 
terest of  the  people  of  the  state  of  New  York, 
in  and  to  the  land  under  water,  which  the 
board  of  docks  may  deem  necessary  for  the 
construction  of  wharves,  docks,  piers,  bulk- 
heads, basins  and  slips,  under  this  chapter, 
whenever  said  commissioners  may  be  required 
by  said  board  of  docks  to  make  such  convey- 
ance to  the  city  of  New  York.  But  such  con- 
veyance shall  be  made  after  compliance  with 
such  reasonable  rules  and  regulations  as  the 
said  commissioners  of  the  land  office  are  now 
empowered  to  make  by  law;  and  nothing  in 
this  chapter  shall  be  so  construed  as  to  re- 
move or  limit  the  powers  and  duties  of  the 
said  commissioners  as  now  conferred  upon 
them  by  the  statutes  of  the  state  and  as  pre- 
scribed in  other  sections  and  provisions  of 
this  act. 

May  deepen  water  adjoining  wharf, 

etc. 

Sec.  832.  It  shall  be  lawful  for  the  board  of 
docks  to  order  and  direct  that  the  water  near 
and  adjoining  any  private  wharf,  pier,  dock, 
bulkhead  or  land  within  the  limits  of  the 
city  of  New  York,  be  deepened  by  excavating 
or  removing  the  earth,  mud,  dirt  or  sand 
therefrom,  and  to  cause  the  same  to  be  done 
In  such  places  and  at  such  times  as  the  said 
board  may  deem  necessary  and  proper. 
Property  and  wharf  property  defined. 

Sec.  833.  The  terms  "property”  and  “wharf 
property”  whenever  used  in  this  chapter 
shall  be  taken  to  mean  not  only  all  wharves, 
piers,  docks,  bulkheads,  slips  and  basins,  but 
the  land  beneath  the  same,  and  all  rights, 
privileges  and  easements  appurtenant  thereto, 
and  such  upland  or  made  land  adjacent  to  the 
aaid  wharves,  piers,  docks,  bulkheads,  slips 


and  basins,  jurisdiction  over  which  said  up- 
land and  made  land  may  be  assigned  to  the 
department  of  docks  and  ferries  by  the  com- 
missioners of  the  sinking  fund. 

Sites  for  fioating  hnths. 

Sec.  834.  The  board  of  docks  shall,  upon 
the  requisition  of  the  commissioner  of  public 
buildings,  lighting  and  supplies,  furnish  free 
of  charge,  in  the  vicinity  of  such  location  as 
shall  be  designated  by  said  commissioner 
accessible,  convenient . and  safe  berths  tor 
mooring  the  free  floating  baths,  authorized 
by  law. 

Public  markets  anti  wliarves. 

Sec.  835.  It  shall  be  lawful  for  the  city  of 
New  York,  in  case  it  shall  find  it  necessary, 
to  cause  public  markets  to  be  erected  and 
kept  over  the  waters  of  the  East  and  North 
rivers  adjoining  to  any  of  its  docks  or 
wharves;  provided,  that  such  markets  shall 
not  interfere  with  the  flow  oif  the  waters  of 
the  said  rivers,  nor  be  built  beyond  the  pier 
or  bulkhead  line  established  by  law. 

Docks  to  be  sed  apart  for  street  clean- 
ing department  and  board  of  bealtb. 

Sec.  836.  The  board  of  docks  shall  desig- 
nate and  set  apart  for  the  use  of  the  depart- 
ment of  street  cleaning,  the  board  of  health 
and  other  city  departments,  suitable  and  suf- 
ficient wharves,  piers,  bulkheads,  slips  and 
berths  in  slips  for  the  use  of  said  depart- 
ments. 

Setting  apart  piers  for  recreation. 

Sec.  837.  The  board  of  docks  is  hereby  au- 
thorized to  set  apart  the  following  piers  in 
the  city  of  New  York,  to  wit:  A pier  at  or 
near  the  foot  of  Perry  sitreet,  on  the  Hudson 
river,  and  such  other  piers  along  the  Hud- 
son river  water  front  and  the  Bast  river 
water  front  of  the  said  city,'  as  the  said  board 
oif  docks  shall  deem,  from  time  to  time,  nec- 
essary for  the  use  of  the  inhahitants  of  the 
city  of  New  York,  as  hereinafter  provided, 
and  for  the  convenience  of  dealers  in  country 
produce  and  other  merchandise  transported 
to  the  city  of  New  York  for  sale. 

The  purpose  of  this  section  is  to  afford  the 
inhabitants  of  the  city  of  New  York  greater 
opportunity  for  healthful  recreation  than  they 
now  possess,  and  to  accomplish  such  end  the 
said  board  oif  docks  is  hereby  authorized  to 
construct  or  rebuild  the  piers  set  apart  under 
the  provisions  of  this  section  for  public  use 
in  such  manner  as  shall  provide  a platform 
or  upper  story  thereof,  and  the  approaches 
thereto  shall  be  constructed  under  the  direc- 
tion of  a skilled  architect,  who  shall  be  em- 
ployed by  said  board  of  docks  for  that  pur- 
pose. The  intention  hereo:f  being  to  permit 
the  upper  story  of  each  one  of  the  piers  here- 
in authorized  to  be  set  apart  for  public  use 
wholly  free  to  the  inhabitants  of  said  city 
for  the  purpose  aforesaid  without  interfer- 
ence with  business  occupations,  and  the  said 
piers  on  the  lower  stories  thereof  shall  be 
open  to  use  to  boats  and  vessels  plying  up- 
on canals,  rivers  and  lakes  of  this  state  which 
may  bring  merchandise  to  the  city  for  sale 
therein.  The  occupation  of  positions  by  boats 
at  the  piers  herein  mentioned  shall  be  under 
the  control  of  the  board  of  docks,  and  order 
shall  be  maintained  by  the  police  authorities 
of  the  city  of  New  York  in  and  around  such 
portions  of  the  said  docks  as  may  be  set  apart 
for  recreation  purj^oses  aforesaid.  Except  as 
hereinbefore  provided,  no  wharf,  pier,  bulk- 
head or  shed  shall  oe  required  by  the  board 
of  docks  to  be  so  constructed  as  to  admit  of 
the  free  public  use  of  the  roof  thereof  for 
purposes  of  resort  and  recreation. 

Water  front  to  l>e  set  apart  for  nse  of 

fire  department. 

Sec.  838.  The  board  of  docks,  with  the  con- 
sent and  approval  of  the  commJssionei^  of 
the  sinking  fund,  is  hereby  authorized  to  set 


apart,  for  the  permanent  and  exclusive  use  of 
the  fire  department  of  the  city  of  New  York, 
30  much  of  the  water  front  owned  by  said 
city  as  shali  be  deemed  necessary  for  the  ex- 
clusive use  of  the  said  fire  department  of  the 
city  of  Now  York. 

TITLE  2. 

PIERS,  SI.IPS  AND  WHARFAGE. 

Sheds  for  protection  of  property  upon 
piers  or  bulkheads;  construe tion  of 
the  same  regulated  by  board  of 
docks. 

Sec.  844.  Whenever  any  person,  company 
or  corporation,  engaged  in  the  business  of 
steam  transportation,  shali  be  owner  or  les- 
see of  any  pier  or  bulkhead  in  the  city  of 
New  York,  and  shall  use  and  employ  the  same 
for  the  purpose  of  regularly  receiving  and 
discharging  cargo  thereat,  it  shall  be  lawful 
for  such  owner  or  for  such  lessee,  with  the 
consent  of  the  lessor,  to  erect  and  maintain, 
upon  such  pier  or  bulkhead,  sheds  for  the  pro- 
tection of  property  so  received  or  discharged, 
prpvided  they  shall  have  obtained  from  the 
board  of  docks,  in  said  city,  license  or  author- 
ity to  erect  or  maintain  the  same,  and  sub- 
ject to  the  conditions  and  restrictions  con- 
tained in  such  license  or  authority;  but  when 
such  license  or  authority  has  been  granted 
and  has  been  acted  upon  it  shall  not  be  re- 
voked by  said  board,  without  the  consent 
in  writing  of  the  mayor  and  of  the  commis- 
sioners of  the  sinking  fund,  after  due  hear- 
ing of  such  licensee.  All  sheds  or  structures 
erected  or  maintained  upon  any  wharf  or  pier 
in  the  city  of  New  York,  as  heretofore  known 
and  bounded,  under  any  license  or  permit 
heretofore  granted  by  the  department  of  docks 
of  said  city,  or  hereafter  erected  or  main- 
tained upon  any  wharf  or  pier  in  the  city  of 
New  York,  under  any  license  or  permit  grant- 
ed by  the  board  of  docks  of  said  city,  are 
declared  to  be  lawful  structures,  subject  to 
the  terms  and  conditions  of  the  license  or 
permit  authorizing  the  same.  Such  sheds 
hereafter  shall  be  constructed  subject  to  the 
regulations  and  under  the  authority  of  the 
board  of  docks.  Any  such  owner  or  lessee  of 
a pier  or  of  a pier  and  bulkhead,  or  a part 
thereof,  in  respect  to  which  the  board  of 
docks  shall  have  granted  the  license  or  au- 
thority herein  specified,  shall  be  entitled  to 
the  use  of  the  premises  so  owned  or  leased 
by  them  and  no  vessel  shall  be  placed  in 
any  berth  on  such  pier  or  bulkhead,  or  part 
thereof,  without  the  consent  of  such  owner 
or  lessee,  during  the  continuance  of  such  li- 
cense. The  board  of  docks  shall  have  power 
to  build  the  above  structures  on  any  wharf 
or  bulkhead  belonging  to  the  city  of  New 
York,  and  shall  have  power  to  lease  the  same, 
and  any  lessee  thereof  shall  have  all  the 
rights  and  privileges  above  granted.  Pro- 
vided that  all  sheds  or  structures  lawfully 
erected  or  maintained  at  the  time  this  act 
takes  effect  upon  any  wharf  or  pier  in  any 
part  of  the  territory  embraced  within  the  city 
of  New  York,  as  constituted  by  this  act,  are 
hereby  declared  to  be  lawful  structures. 

Wliai'ves,  slips,  etc.,  not  to  toe  nsed  as 
damping  groniids. 

Sec.  845-  It  shall  not  be  lawful  to  permit  the 
use  as  a dumping  gronnd  of  any  wharf,  pief 
or  slip,  or'  bulkhead  adjacent  thereto  in  the 
navigable  waters  of  the  East  river,  in  the  city 
of  New  York,  which  has  heretgfore  been  used 
for  the  loading  and  discharging  of  sailing 
vessels  regularly  employed  in  foreign  com- 
merce and  having  a draught  of  more  than 
eighteen  feet  of  water. 

Stovelionses,  toootlis,  stoops,  etc.,  on 
stoeds  not  anttoorized. 

Sec.  846.  Nothing  in  the  two  preceding  sec- 
tions contained  shall  bo  construed  to  auUw^ 


86 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


tee  the  erection  or  maintenance  on  any  pier 
of  any  storehouses,  hootihs,  shops,  or  other 
structures  than  the  sheds  mentioned  in  the 
last  sectiO'n  but  one,  with  the  proper  doors 
and  gates  appertaining  thereto,  nor  to  im- 
pair any  powers  conferred  upon  the  board  of 
docks,  except  as  provided  by  said  section. 

Offices  atoolislied. 

Sec.  847.  The  offices  of  captain  of  the  port  of 
New  York  and  of  harbor  masters  of  the  port 
of  New  York  are  hereby  abolished.  The  dock 
masters  appointed  by  the  board  of  docks  of 
the  city  of  New  York,  as  constituted  by  this 
act,  shall  be  vested  with  all  the  po'wers  and 
shall  perform  all  the  duties  conferred  or  im- 
posed upsn  the  dock  masters  appointed  by  the 
commissioners  of  docks  of  the  city  of  New 
York,  as  heretofore  known  and  bounded,  by 
chapter  199  of  the  laws  of  1888  and  the  acts 
amendatdry  thereoL  and  supplementary  there- 
to. 

Dock  masters;  certain  powers  of. 

Sec.  848.  The  dock  masters  appointed  by  the 
board  of  docks  of  the  city  of  New  York  shail 
be  vested  with  all  the  powers  and  perform  all 
the  duties  conferred  on  or  imposed  upon  the 
harbor  masters  of  the  port  of  New  York  by 
a certain  act,  entitled,  “An  act  to  provide 
for  the  appointment  of  a captain  of  the  port 
of  New  York  and  harbor  masters  of  the  port 
of  New  York,  and  defining  and  regulating  the 
powers  and  duties  and  compensation  of  said 
officers,  and  repealing  chapter  four  hundred 
and  eighty-seven  of  the  laws  of  eighteen 
hundred  and  sixty-two,”  passed  May  4,  1883, 
and  known  as  chapter  three  hundred  and  fif- 
ty-seven of  the  laws  of  eighteen  hundred  and 
eighty-three. 

Nothing  in  this  section  contained  shall  en- 
title the  said  dock  masters  to  any  additional 
compensation  for  performing  the  duties  and 
exercising  the  powers  hereby  imposed  and 
conferred.  Each  of  said  dock  masters  shall 
personally  perform  the  duties  assigned  to 
him  by  the  board  of  docks.  He  shall  not  ap- 
point any  deputy,  or  assistant,  or  delegate 
the  powers  of  his  office  to  any  person  or 
persons  whatever.  He  shall  not  collect  any 
fees  except  such  as  are  now  or  may  be 
authorized  by  law,  and  which  shall  be  speci- 
fied by  the  board  of  docks.  He  shall  not  take 
or  receive,  directly  or  indirectly,  any  money, 
or  thing  of  value  or  compensation  for  his  serv- 
ices, or  on  account  of  the  exercise  of  his 
powers  of  office,  except  as  now  provided,  or 
Which  may  hereafter  be  provided  by  law  and 
the  regulations  of  the  board  of  docks. 

Any  dock  mhster  violating  any  of  the  pro- 
visions of  this  section  shall,  upon  conviction 
thereof  by  any  court  of  record,  be  punished 
by  a fine  of  five  hundred  dollars,  and  in  ad- 
dition thereto  may,  in  the  discretion  of  the 
court,  be  imprisoned  in  the  county  jail  for  a 
term  not  exceeding  thirty  days. 

Removal  of  obstructions,  etc.,  from 
piers,  etc. 

Sec.  849.  Whenever  any  pier,  wharf  or  bulk- 
head in  the  city  of  New  York  shall  be  incum- 
bered or  obstructed  in  its  free  use  by  mer- 
chandise, or  by  any  material  not  affixed  to 
such  pier,  wharf  or  bulkhead,  the  board  of 
docks  is  hereby  authorized  to  . require  the 
owner,  consignee  or  person  in  charge  of  such 
merchandise  or  material  to  remove  the  same 
without  any  unnecessary  delay,  and  the  said 
board  shail  have  power,  from  time  to  time, 
to  make  such  general  rules  and  regulations 
and  give  such  directions  as  will  secure  dis- 
patch in  loading  and  unloading  vessels  and 
the  prompt  removal  of  the  same  from  the 
piers  as  soon  as  completed,  and  also  such 
as  shall  be  necessary  to  prevent  any  un- 
necessary accumulation  of  freight  or  mer- 


chandise upon  any  pier  or  wharf,  while  any 
vessel  shall  be  engaged  in  receiving  or  dis- 
charging her  cargo;  provided,  however,  that 
the  power  hereinbefore  conferred  shall  not 
be  exercised  in  reference  to  any  obstruction 
or  incumbrance  upen  any  pier  or  wharf  occu- 
pied by  any  regular  line  of  steamboats  or 
steamships,  or  by  any  railroad  company,  ex- 
cept upon  the  written  request  of  the  occupant 
or  lessee  of  such  pier  or  wharf. 

Expense  of  carrying  out  last  section. 

Sec.  850.  Whenever  the  board  of  docks  shall 
make  any  order  to  give  any  direction  in  pur- 
suance of  the  power  conferred  by  the  last 
preceding  section,  it  shall  be  the  duty  of  the 
owner,  consignee  or  person  in  charge  of  the 
merchandise,  property  or  vessel  in  reference 
to  which  such  order  or  direction  is  given,  to 
comply  with  the  same  without  any  unreason- 
able delay,  or.  in  default  thereof,  the  said 
board  of  docks  may  employ  such  laborers  and 
assistance  as  may  be  necessary  to  carry  out 
such  order  or  direction,  by  the  removal  of  the 
material,  merchandise  or  vessel  in  reference 
to  which  the  same  was  given;  and  all  ex- 
penses actually  and  necessarily  incurred  in 
effecting  such  removal  shall  be  paid  by  the 
owner,  consignee  or  person  in  charge  of  the 
material,  merchandise  or  vessel  so  removed, 
and  the  amount  thereof  shall  be  a lien  upon 
the  same  in  favor  of  the  board  of  docks  and 
may  be  enforced  in  the  same  manner  and  by 
the  same  proceedings  as  liens  on  vessels  are 
enforced  by  warrant  of  attachment,  under  and 
pursuant  to  the  provisions  of  the  act  enti- 
tled “An  act  to  provide  for  the  collection  of 
demands  against  ships  and  vesseis,”  passed 
April  twenty-fourth,  eighteen  hundred  and 
sixty-two,  and  all  the  provisions  of  said  act, 
so  far  as  the  same  can  be  made  applicable, 
shall  apply  to  the  liens  hereby  created;  and 
the  said  board  shall,  for  the  purposes  of  this 
section,  be  deemed  a creditor  of  said  owner, 
consignee  or  person  in  charge,  and  each  of 
them,  for  the  amount  of  the  expenses  so  in- 
curred, and  may  have  and  maintain  an  ac- 
tion against  them,  or  either  of  them,  to  re- 
cover the  same. 

Removal  of  obstructions,  continued. 

Sec.  851.  Whenever  any  pier  or  bulkhead  or 
marginal  street,  wharf  or  place  in  the  city 
of  New  York  shall  be  incumbered,  or  its  free 
use  interfered  with  by  merchandise,  lumber, 
trucks,  wagons  or  any  other  obstruction, 
whether  of  loose  materials  or  built  upon  or 
affixed  to  the  pier  or  bulkhead  or  marginal 
street,  wharf  or  place  without  authority  of 
iaw,  it  shall  be  the  duty  of  the  board  of  docks 
to  notify  the  person  or  persons  placing  or 
keeping  such  merchandise  or  other  obstruc- 
tions on  such  pier  or  bulkhead  or  marginal 
street,  wharf  or  place,  to  remove  such 
merchandise  or  other  obstructions  with- 
in twenty-four  hours  after  such  no- 
tice; and  in  case  of  failure  to  comply  with 
such  notice  and  to  remove  such  merchandise 
or  obstruction,  the  person  or  persons  so  noti- 
fied shall  be  liable  to  pay  to  the  board  of 
docks  the  sum  of  twenty-five  dollars  for  each 
and  every  day  during  which  such  merchandise 
or  obstruction  shall  remain  on  such  pier  or 
bulkhead  or  marginal  street,  wharf  or  place. 
And  the  board  of  docks  shall  have  power,  in 
its  discretion,  to  remove  any  merchandise, 
lumber,  trucks,  wagons  or  any  other  obstruc- 
tion so  incumbering  any  pier  or  bulkhead,  or 
marginal  street,  wharf  or  place,  and  to  store 
the  same  in  a warehouse  or  other  proper  re- 
ceptacle, and  a sum  equal  to  the  amount  of 
the  expenses  of  removal,  together  with  the 
aharges'^  for  storage,  shall  be  paid  by  the 
oymer  of  such  merchandise  to  the  board  of 


docks,  and  shail  be  a Hen  on  such  merchan- 
dise until  paid. 

Storage  of  obstrnctions. 

Sec.  852.  Whenever  merchandise  discharged 
from  a vessel  and  incumbering  a buikhead  or 
pier,  in  the  port  of  New  York,  shail  not,  in 
the  judgment  of  the  said  board  of  docks,  be 
of  sufficient  value  to  pay  the  expenses  of  re- 
moval and  storage,  as  provided  in  the  last 
preceding  section,  such  merchandise  shall  be 
removed  and  stored  at  the  expense  of  the 
owner,  consignee,  or  master  of  the  ship  or 
vessel  from  which  such  merchandise  shall 
have  been  discharged. 

Unclaimed  mercliandise  to  be  adver- 
tised. 

Sec.  853.  At  the  expiration  of  every  six 
months  it  shail  be  the  duty  of  said  board  of 
docks  to  advertise,  for  one  week  in  the  City 
Record  and  the  corporation  newspapers  the 
merchandise,  lumber,  trucks,  wagons  or  other 
obstruction  which  they  have  stored  and  which 
has  remained  unclaimed,  setting  forth  the 
marks  and  numbers  of  each  package,  or  parcel, 
the  description  of  the  merchandise,  or  ma- 
terial, the  pier  whence  such  merchandise  was 
removed,  and  the  date  of  such  removal,  and 
if  any  of  such  merchandise  or  material  so  ad- 
vertised shall  remain  thereafter  unclaimed  for 
three  months,  said  board  of  docks  may  then 
sell  the  same,  after  further  advertisement  for 
one  week  in  the  City  Record  and  the  corpora- 
tion newspapers,  at  public  auction,  to  the 
highest  bidder,  to  pay  the  expenses  which 
have  been  incurred  on  such  merchandise,  lum- 
ber, trucks,  wagons  or  other  obstruction,  and 
the  remainder  shall  be  held  in  trust  by  the 
said  board  for  the  owner  or  owners  thereof, 
for  twelve  months,  when,  if  not  claimed,  it 
shall  be  paid  over  to  the  commissioners  of 
the  sinking  fund. 

Canal  boats;  territory  appropriated  to 

Sec.  854.  All  that  part  of  the  water  adjacent 
to  the  wharves  of  the  city  of  New  York,  as 
heretofore  known  and  bounded,  from  the  west 
side  of  pier  No.  3,  to  and  including  the 
east  side  of  pier  No.  8,  East  river,  shall  here- 
after from  the  20th  day  of  March  to  the  31st 
day  of  December  in  each  year,  be  set  apart, 
kept  and  reserved  for  the  exclusive  use  and 
accommodation  of  canal  boats  and  barges  en- 
gaged in  the  business  of  transporting  property 
on  the  Hudson  river,  or  coming  to  tide  water 
from  the  canals  of  the  state,  arriving  in  said 
city  from  the  city  of  Albany  or  any  part  or 
place  north,  or  west  thereof,  and  for  the  use 
of  lighters  engaged  in  loading  or  unloading 
such  boats  or  barges;  and  it  shall  be  the  duty 
of  the  board  of  docks  and  of  all  officers  who 
now  are  or  hereafter  shall  be  empowered  by 
law,  or  by  any  ordinance  of  the  city  of  New 
York,  as  constituted  by  this  act,  to  regulate 
or  station  ships  and  vessels  in  the  harbor  of 
said  city,  to  prohibit,  and  prevent  all  other 
boats,  ships  or  vessels  from  entering  any  of 
the  slips  or  approaching  or  lying  at  any  of  the 
wharves  between  the  piers  aforesaid,  during 
the  period  above  specified,  when  such  slips  or 
the  wharves  connected  therewith  shall  be  re- 
quired for  the  use  and  accommodation  of  the 
canal  boats  and  barges  hereinbefore  men- 
tioned; and  the  said  board  of  docks,  or  other 
officers,  aforesaid,  shall  assign  such  other  ac- 
commodations for  said  canal  boats  and  barges 
in  other  parts  of  the  port  of  New  York,  as  may, 
from  time  to  time,  be  necessary  in  receiving  or 
discharging  their  cargoes. 

Derricks  for  unloading  canal  boats 
authorized. 

Sec.  855.  It  shall  be  lawful  for  the  propri- 
etors of  any  regular  line  of  canal  boats  or 
barges  using  the  waters  within  the  limits 
aforesaid,  or  any  other  limits  to  which  they 
may  be  assigned,  as  provided  in  the  preceding 


THE 


Bection,  to  erect  and  maintain  upon  any  of  the 
piers,  or  wharves  adjacent  thereto,  suitable 
derricks,  to  be  used  by  said  proprietors  and 
their  employes  in  loading  and  unloading  said 
canal  boats  and  barges;  no  derrick  or  struc- 
ture so  erected  shall  be  deemed  an  obstruc- 
tion or  incumbrance  upon  such  pier  or  wharf, 
within  the  meaning  of  any  statute  or  ordi- 
nance prohibiting  the  incumbering  or  ob- 
structing any  such  pier  or  wharf,  or  authoriz- 
ing the  removal  of  obstructions  or  incum- 
brances upon  the  same. 

Occupation  of  watei's  l>y  sliips  not  en- 
titled thereto. 

Sec.  856.  ttTienever  any  portion  of  the  wa- 
ters mentioned  in  the  last  section  but  one 
shall  be  occupied  by  any  ship  or  vessel  not 
entitled  to  occupy  the  same  according  to  the 
provisions  of  that  section,  and  the  proprietor 
or  proprietors  or  person  in  charge  of  any  of 
the  canal  boats  or  barges  specified  in  said  sec- 
tion, shall  desire  to  use  the  berth  or  slip  oc- 
cupied by  such  ship  or  vessel,  it  shall  be  the 
duty  of  said  board  of  docks,  upon  the  request 
of  the  proprietor  or\ponsignee  or  person  in 
charge  of  said  canal  boat  or  barge  forthwith 
to  remove  such  ship  or  vessel  as  far  as  may 
be  necessary  to  accommodate  such  canal  boat 
or  narge.  If  the  said  board  of  docks  to  which 
such  request  is  made  shall  neglect  or  refuse 
to  comply  with  the  same,  the  members  thereof 
shall,  for  each  such  neglect,  or  refusal,  joint- 
ly forfeit  and  pay  to  the  proprietor  or  pro- 
prietors of  the  canal  boat  or  barge,  in  refer- 
ence to  which  request  w'as  made,  the  sum  of 
fifty  dollars,  to  he  sued  for  and  recovered  by 
and  in  the  name  of  such  proprietor  or  pro- 
prietors, for  his  or  their  use  and  benefit  in 
any  court  of  competent  jurisdiction. 

Failure  to  remove  T*lien  ordered; 

penalty. 

Sec.  857.  Any  person  in  command  or  in 
charge  of  any  ship  or  vessel  which  the  board 
of  docks  is  authorized  and  required  to  re- 
move, as  specified  In  the  last  preceding  sec- 
tion, who  shall  neglect  or  refuse  to  comply 
with  any  order  or  direction  of  the  said  board 
in  reference  to  the  removal  thereof,  or  who 
shall  resist  or  obstruct  the  removal  of  such 
ship  or  vessel,  shall,  lor  every  such  offence, 
forfeit  and  pay  the  sum  of  $50,  to  be  sued 
for  aud  recovered,  with  costs,  by  and  in  the 
name  of  said  board  of  docks  in  any  court  ot 
competent  jurisdiction. 

Certain  docks  and  piers  set  apart  for 

g^arden  produce. 

Sec.  858.  The  docks,  piers  and  bulkheads  on 
the  Hudson  river  from  Gansevoort  street  to 
Little  West  Twelfth  street,  shall  be  set  apart 
by  the  board  ot  docks,  or  such  department  as 
shall  have  control  thereof,  and  kept  for  the 
use  of  boats,  barges  and  other  vessels  engaged 
in  the  business  of  transportating  farm  and 
garden  produce,  at  such  rates  of  wharfage 
as  have  been,  or  shall  be  lawfully  established, 
and  said  board  of  docks,  or  other  department, 
having  control  of  said  docks,  piers  and  bulk- 
beads,  may  from  time  to  time,  when  said 
docks,  p'iers  or  bulkheads  are  not  in  actual 
use  for  the  purposes  above  mentioned,  allow 
the  same  to  be  used  for  other  and  additional 
purposes,  and  they  are  hereby  authorized  and 
empowered  at  any  such  time  to  designate  and 
appropriate  any  or  all  of  said  docks,  piers 
or  bulkheads  lor  any  public  or  general  use, 
and  such  designation  or  appropriation  shall 
be  subject  at  any  time  to  revocation  by  said 
board  or  department  making  the  same. 

Wharfage  and  dockage  rates  ennmer- 

ated. 

Sec.  859.  It  shall  be  lawful  to  charge  and 
receive,  within  the  city  of  New  York,  wharf- 
age and  dockage  at  the  following  rates,  name- 
ly: From  every  vessel  that  uses  or  makes 


CHARTER  OF  THE  CITY  OF  NEW  YORK.  87 


fast  to  any  pier,  wharf,  or  bulkhead  within 
said  city  or  makes  last  to  any  vessel  lying 
at  such  pier,  wharf,  or  bulkhead,  or  to  any 
other  vessel  lying  outside  of  such  vessel,  for 
every  day  or  part  of  a day,  except  as  herein- 
after provided,  as  follows:  From  every  ves- 

sel of  two  hundred  tons  burden  and  under, 
two  cents  per  ton;  and  for  every  vessel  over 
two  hundred  tons  burden,  two  cents  per  ton 
for  each  of  the  first  two  hundred  tons  burden 
and  one-half  of  one  cent  per  ton  for  every 
additional  ton,  except  that,  save  as  herein- 
after provided,  vessels  known  as  North  river 
barges,  market  boats  and  barges,  sloops  em- 
ployed upon  the  rivers  and  waters  of  this  state 
and  schooners  e.xclusively  employed  upon  the 
rivers  and  waters  of  this  state  shall  pay  for 
every  such  vessel  under  the  burden  of  fifty 
tons,  at  the  rate  of  fifty  cents  per  day;  for 
every  such  vessel  of  the  burden  of  fifty  tons 
and  under  the  burden  of  one  hundred  tons, 
at  the  rate  of  sixty-two  and  a hall  cents  per 
day;  for  every  such  vessel  of  the  burden  of 
one  hundred  tons  and  under  the  burden  of 
one  hundred  and  fifty  tons,  at  the  rate  of 
seventy-five  cents  per  day;  for  every  such 
vessel  of  the  burden  of  one  hundred  and  fifty 
tons,  and  under  the  burden  of  two  hundred 
tens,  at  the  rate  of  eighty-seven  and  a half 
cents  per  day;  and  for  every  such  vessel  of 
the  burden  of  two  hundred  tons  and  under 
the  burden  of  two  hundred  and  fifty  tons,  at 
the  rate  of  one  hundred  cents  per  day;  for 
every  such  vessel  of  the  burden  of  two  hundred 
and  fifty  tons,  and  under  the  burden  of  three 
hundred  tons,  at  the  rate  of  one  hundred  and 
tw'elve  and  a half  cents  per  day;  for  every 
such  vessel  of  the  burden  of  three  hundred 
tons,  and  under  the  burden  of  three  hundred 
and  fifty  tons,  at  the  rate  of  one  hundred  and 
twenty-five  cents  per  day;  for  every  such  ves- 
sel of  the  burden  of  three  hundred  and  fifty 
tons,  and  under  the  burden  of  four  hundred 
tons  at  the  rate  of  one  hundred  and  thirty- 
seven  and  a half  cents  per  day;  for  every  such 
vessel  of  the  burden  of  four  hundred  tons, 
and  under  the  burden  of  four  hundred  and 
fifty  tons,  at  the  rate  of  one  hundred  and  fifty 
cents  per  day;  for  every  such  vessel  of  the 
burden  of  four  hundred  and  fifty  tons,  and 
under  the  burden  ot  five  hundred  tons,  at 
the  rate  of  one  hundred  and  sixty-two  and  a 
half  cents  per  day;  lor  every  such  vessel  *of 
the  burden  of  five  hundred  tons  and  under 
the  burden  of  five  hundred  and  fifty  tons,  at 
the  rate  of  one  hundred  and  seventy-five  cents 
per  day;  for  every  such  vessel  of  the  burden 
of  five  hundred  and  fifty  tons,  and  under  the 
burden  of  six  hundred  tons,  at  the  rate  of 
hone  hundred  and  eighty-seven  and  one-half 
cents  per  day;  for  every  such  vessel  of  the 
burden  of  six  hundred  tons  and  upward,  to 
pay  twelve  and  a halt  cents,  in  addition  for 
every  fifty  tons  in  addition  to  the  rate  last 
mentioned,  for  every  day  such  ship  or  vessel 
shall  use  or  be  made  fast  to  any  of  the  said 
wharves;  but  no  boat  or  vessel  over  fifty  tons 
burden  shall  pay  less  than  fifty  cents  for  a 
day  or  a part  of  a day,  and  the  class  of  sail- 
ing vessels  now  known  as  lighters  shall  be  at 
one-half  the  first  above  rates.  Every  other 
vessel  making  fast  to  a vessel  at  any  pier, 
wharf  or  bulkhead  within  said  city,  or  to  an- 
other vessel  outside  of  such  vessel,  or  at 
an  anchor  within  any  slip  or  basin,  when  not 
receiving  or  discharging  cargo  or  ballast, 
one-half  the  first  above  rates;  and  from  every 
vessel  or  floating  structure,  other  than  those 
above  named,  or  used  for  transportation  of 
freight  or  passengers,  double  the  first  above 
rates,  except  that  floating  grain  elevators 
shall  pay  one-half  the  first  above  rates;  and 
every  vessel  that  shall  leave  a pier,  wharf, 
bulkhead,  slip  or  basin,  without  first  pay- 
ing the  wharfage  or  dockage  due  thereon, 
after  being  demanded  of  the  owner,  consignee 


or  person  in  charge  of  the  vessel,  shall  be  li- 
able to  pay  double  the  rates  established  by 
this  section. 

Id.;  on  vessels  in  elain  or  oyster  trade. 

Sec.  860.  Vessels  of  two  hundred  tons  bur- 
den and  under,  which  shall  be  actually  en- 
gaged in  the  clam  or  oyster  trade,  and  which 
shall  make  fast  to  any  pier,  wharf  or  bulk- 
head within  the  city  of  New  York,  shall  pay 
one  and  one-half  cents  per  ton  per  day,  and 
every  such  vessel  which  shall  make  fast  to 
another  vessel  lying  at  any  such  pier, 
wharf  or  bulkhead,  or  to  any  vessel  ly- 
ing outside  of  such  vessel,  or  that 
shall  anchor  within  any  slip  or  basin 
in  said  city  shall  pay  one  cent  per  ton  per 
day;  provided,  however,  that  no  vessel  shall 
pay  less  than  twenty-five  cents  nor  less  than 
one  day’s  wharfage,  nor  shall  more  than  one- 
day’s  wharfage  be  charged  unless  for  a con- 
tinuous use  of  the  pier,  wharf,  bulkhead,  slip 
or  basin  of  more  than  twenty-four  hours. 
The  board  of  docks  may  grant  permits  for 
vessels  or  floating  structures  engaged  in  the 
oyster  business  and  used  for  the  receipt, 
preparation  and  opening  of  oysters  and  other 
shell  fish  to  remain  continuously  moored  to 
or  at  any  of  the  docks,  piers  and  bulkheads 
within  the  city  of  New  York,  not  otherwise 
specifically  appropriated  by  law  to  the  sole 
use  of  other  kinds  of  commerce,  upon  such 
terms  as  to  wharfage  and  otherwise,  and  sub- 
ject to  such  regulations  as  said  board  may 
prescribe.  All  permits  so  granted  by  such 
board  shall  be  subject  at  any  time  to  revoca- 
tion by  it.  Upon  any  such  permit  being 
granted  the  person  or  persons,  or  corporation 
receiving  the  same,  shall  be  entitled  to  moor 
such  vessels  or  floating  structures,  continu- 
ously and  until  such  permit  shall  be  revoked, 
to  or  at  the  dock,  pier  or  bulkhead  designated 
in  such  permit  for  that  purpose  subject  to  the 
terms  of  such  permit;  provided,  however,  that 
where  the  city  of  New  York  is  not  the  owner 
of  the  dock,  pier  or  bulkhead  designated  in 
such  permit,  the  consent  of  the  owner  or  own- 
ers of  the  same,  or  ot  the  person  or  persons 
entitled  to  collect  wharfage  therefrom,  shall 
have  been  obtained. 

Id.;  oanal  l>oat.s  and  vessel.s  carrying 

l>ricU. 

Sec.  861.  Every  canal  boat  and  every  vessel 
engaged  in  freighting  brick  on  the  Hudson 
river  occupying  a berth  next  to  any  pier,  wharf, 
or  bulkhead  in  the  city  of  New  York,  and  en- 
gaged in  delivering  cargo  upon  said  pier, 
wharf,  or  bulkhead,  or  receiving  cargo  there- 
from, shall  pay  wharfage  at  the  rate  of  fifty 
cents  for  every  day  or  part  of  a day  while  so 
engaged;  but  when  unloaded  such  canal  boats 
or  vessels  aforesaid  shall  pay  wharfage  at  the 
rate  of  thirty  cents  per  day  or  part  thereof; 
but  no  canal  boat  or  vessel  lying  in  any  slip^ 
between  two  adjacent  piers  shall  be  required 
to  pay  full  wharfage  to  the  owners  or  lessees 
of  both  said  piers  for  the  same  day,  notwith- 
standing such  canal  boat  or  barge  may,  during 
said  day,  have  changed  her  location  between 
said  piers;  provided  that  they  shall  pay  one- 
half  rates  to  each  owner  or  lessee  w'hen  they 
have  changed  their  locations  between  said 
piers;  and  the  word  “day,”  whenever  it  oc- 
curs in  this  and  the  last  preceding  section, 
shall  be  taken  and  construed  to  mean  twenty- 
four  hours.  - 

Rates  for  goods,  etc.,  remaining  on 

pier  or  wliarf. 

Sec.  862.  It  shall  be  lawful  for  the  owners 
or  lessees  of  any  pier,  wharf  or  bulkhead 
within  the  city  of  New  York,  to  charge  and 
collect  the  sum  of  five  cents  per  ton  on  all 
goods,  merchandise,  and  materials  remaining 
on  the  pier,  wharf  or  bulkhead  owned  or 
leased  by  him,  for  every  day  after  the 


S8  THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


pirutioii  of  twenty-four  hours  from  the  time 
such  goods,  merchandise  and  materials  shall 
have  been  left  or  deposited  on  such  pier, 
v.'barf  or  bulkhead  and  the  same  shall  be  a 
lien  thereon. 

ItiitoN  to  he  in  \vharfa!;;e  bills. 

Sec.  SG3.  It  shall  be  the  duty  of  every  per- 
ton  owning  or  having  charge  of  any  pier, 
wharf,  bulkhead,  or  slip  in  the  city  of  New 
York  to  cause  to  be  printed  on  the  backs  of 
all  bills  piescnted  by  them  for  w-harfage, 
section  S59  cjj>  this  act,  and  the  owner, 
consignee  or  person  in  charge  of  any  vessel 
shall  not  be  required  to  pay  the  w'harfage  or 
dockage  due  on  such  vessel  unless  upon  his 
demaud  the  bill  printed  in  conformity  with 
this  section  is  presented  to  him.  Any  person 
owming  or  having  charge  of  any  pier,  wharf, 
bulkhead  or  slip  a.c  aforesaid  who  shall  re- 
ceive for  wharfage  any  rates  in  excess  of  those 
now  authorized  by  law  shall  forfeit  to  the 
party  aggrieved  treble  the  amount  so  charged 
as  damages,  to  be  sued  for  and  recovered  by 
the  party  aggrieved. 

Wliat  waters  ineladetl  in  i»ort  of  New 

York. 

Sec.  864.  The  port  of  New  York,  wherever 
the  same  is  mentioned  or  referred  to  in  this 
chapter,  shall  be  deemed  and  taken  to  include, 
unless  otherwise  expressly  stated,  all  the 
waters  of  the  North  river  and  Ease  river  and 
the  harbor  embraced  within  or  adjacent  to  or 
opposite  to  the  shores  of  the  city  of  New 
York,  as  constituted  by  this  act. 

Additional  accomiuodation.s  for  canal 

l»oats. 

Sec.  865.  The  board  of  docks  shall,  in  addi- 
tion to  the  piers  and  waters  especially  as- 
signed thereto  by  law,  assign  such  accommoda- 
tions for  canal  boats  and  barges  engaged  in 
the  business  of  transporting  property  on  the 
Hudson  river,  or  coming  to  tide  water  from 
the  canals  of  the  state,  or  arriving  in  said 
port  from  Albany,  or  any  place  north  or  west 
thereof,  as  may  from  time  to  time  be  neces- 
sary in  receiving  and  discharging  their 
cargoes. 

Penalty  for  ves.sels  wrongfully  enter- 
ing- canal  boat  territory. 

Sac.  866.  No  vessel,  other  than  canal  boats, 
barges  or  lighters  receiving  or  delivering 
property  from  cr  to  said  canal  boats  or 
barges,  shall  use  or  enter  into  for  the  purpose 
of  using  any  part  of  the  port  of  New  York 
set  apart  for  the  use  of  canal  boats  and  barges 
without  the  written  consent  of  the  board  of 
docks  had  and  obtained  therefor,  and  then 
only  between  the  first  day  of  January  and 
twuentiecji  day  of  March  in  each  year,  and 
when  not  occupied  by  canal  boats,  under  a 
penalty  of  one  hundred  dollars  for  every  day 
.that  such  vessel  shall  ramain  in  said  part 
of  s-aid  port  so  set  apart  after  being  notified 
to  leave  by  the  said  board,  and  said  penalty 
shall  be  a lion  upon  any  such  vessel,  and  be 
enforced  by  proceedings  .against  it,  instituted 
by  and  in  the  name  of  the  said  board  of 
docks  according  to  the  provisions  of  the  laws 
of  this  state  concerning  attachments  against 
vessels. 

P'owci'.s  of  dock  masters  to  assign  ami 

regulate  .stations  for  vessels;  penalty 

for  refusing'  to  obey  dii-ectioii. 

Sec.  867.  Each  dock  master  appointed  by  the 
board  of  docks  shall  have  power,  within  the 
district  assigned  to  him,  subject  to  the  other 
provi-sious  of  this  act,  to  provide  and  assign 
suitable  accommodations  for  all  ships  and 
vessels,  and  regulate  them  in  the  stations 
they  are  to  occupy  at  the  wharves  or  in  the 
stream,  and  to  remove  from  time  to  time  such 
vessels  as  are  not  employed  in  receiving  or 
fiischargins  their  cargoes,  to  make  room  for 


such  others  as  require  to  be  more  immediate- 
ly accommodated  for  the  purpose  of  receiving 
or  discharging  their  cargoes,  and  shall  have 
power  to  determine  as  to  the  fact  of  their 
being  fairly  an-d  in  good  faith  employed  in  re- 
ceiving or  discharging  their  cargoes,  and 
shall  have  authority  to  determine  how  far 
and  in  what  instance  it  is  the  duty  of  the 
master  and  others  having  charge  of  ships 
and  vessels  to  accommodate  each  other  in 
their  respective  situations.  And  if  any  mas- 
ter or  any  person  having  charge  of  any  ves- 
sel, canal  boat,  barge,  or  lighter  shall  refuse 
or  neglect  to  move  his  vessel,  canal  boat, 
barge  or  lighter  when  ordered  to  do  so  by  a 
dock  master,  or  shall  resist  or  forcibly  op- 
pose said  officer  in  the  discharge  of  his 
duties,  such  master  or  persons  so  refusing, 
neglecting,  resisting  or  opposing,  shall,  for 
every  offense,  forfeit  and  pay  the  sum 
of  fifty  dollars  to  be  recovered  with  costs 
of  suit,  by  and  in  the  nam.e  of  the  bo-ard  of 
docks  before  any  court  having  cognizance 
thereof. 

False  personation  of  dock  master. 

Sec.  868.  Any  person  who  'shall  falsely  rep- 
resent himself  to  be  a dock  master,  or 
wrongfully  perform  the  duties  of  dock  mas- 
ter, shall  he  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  thereof  shall  be  impris- 
oned in  the  county  jail  for  a term  not  ex- 
ceeding sixty  days  and  fined,  in  the  discre- 
tion of  the  court,  a sum  not  exceeding  twen- 
ty-five dollars. 

Violations  to  be  reporter!. 

Sec.  869.  It  shall  be  the  duty  of  the  dock 
masters  appointed  by  the  board  of  docks  to 
report  to  said  board  all  violations  of  any  of 
the  provisions  of  this  chapter  and  of  the 
rules  and  regulations  of  the  board  of  docks 
w-hich  may  come  to  the  knowledge  of  said 
dock  masters  or  which  may  be  known  to 
them  by  complaint  or  otherwise. 

Floatinft-  docks  antliorized. 

Sec.  870.  It  shall  be  lawful  for  the  floating 
docks  of  the  New  York  Balance  Dock  com- 
pany and  of  the  New  York  Floating  Dry 
Dock  company  to  be  used,  with  the  consent 
of  the  owners  of  the  piers  or  bulkheads, 
respectively  occupied  for  such  use,  or  of  the 
persons  entitled  to  collect  wharfage  for  such 
piers  or  bulkheads,  for  the  purpose  of  taking 
up  ships  and  vessels  for  repair,  coppering  or 
finishing,  in  the  manner  heretofore  prac- 
ticed in  the  port  of  New  York,  subject  to  the 
authority  established  by  this  act  to  regulate 
by  ordinance  the  use  of  the  slips,  piers  and 
wharves  of  the  city  of  New  York.  < 

TITLE  3. 

GENERAL  PROVISIONS. 

Gi’ants  of  land  under  ivater  restricted. 

Sec.  876.  No  grants  of  land  under  water 
shall  be  made  by  the  municipal  assembly  of 
the  city  of  New  York,  or  by  any  officer,. board 
or  department  thereof,  beyond  the  exterior 
lines  of  the  citj#jf  New  York,  as  fixed  by  an 
act  of  the  legislature,  passed  April  seventeenth, 
eighteen  hundred  and  fifty-seven,  entitled, 
“An  act  to  establish  bulkhead  and  pier  lines 
for  the  port  of  New  York.”  as  amended  by 
subsequent  acts,  unless  as  expressly  author- 
ized by  acts  passed  subsequent  thereto. 

Time  for  improving-  lands  adjacent  to 

water  on  Harlem  river. 

Sec.  877.  The  period  of  time  fixed  for  the 
appropriation  to  the-  purposes  of  commerce  by 
the  construction  of  a dock  or  docks,  and 
filling  in  the  same,  in  all  letters  patent  is- 
sued by  the  people  of  the  state  of  New  York 
to  the  owners  of  the  adjacent  upland  for 
lands  under  water  and  between  high  and 


low  water  mark  in  front  of  and  adjacent  to 
the  lands  of  the  said  owners  of  the  adjacent 
upland  on  the  easterly  shore  of  the  Harlem 
river,  is  extended  until  two  years  after  the 
time  when  plans  for  the  improvement  of 
said  river  shall  have  been  or  shall  be  com- 
pleted by  the  proper  authorities,  and  cop- 
ies of  such  plans,  filed,  one  in  the  office  of 
the  register  of  the  county  of  New  York,  and 
one  in  the  office  of  the  secretary  of  state  at 
Albany. 

Damping  snow  and  ice  from  piers. 

Sec.  878.  It  shall  be  lawful  for  the  commis- 
sioner of  street  cleaning  to  cause  to  be 
dumped,  or  authorize  to  be  dumped,  snow 
and  ice  between  the  piers  near  their  inshore 
ends,  into  the  waters  of  the  East  and  North 
or  Hudson  rivers. 

Injuries  to  vessels  lying  at  exterior 
end  of  wkai-f. 

Sec.  879.  It  shall  not  be  lawful  for  any 
vessel,  canal  boat,  barge,  lighter  or  tug  to 
obstruct  the  waters  of  the  harbor  by  lying 
at  the  exterior  end  of  wharves  in  the  waters 
of  the  North  or  East  river,  except  at  their 
own  risk  of  injury  from  vessels  entering 
or  "leaving  any  adjacent  dock  or  pier;  any 
vessel,  canal  boat,  barge,  lighter  or  tug  so 
lying  shall  not  be  entitled  to  claim  or  de- 
mand damages  for  any  injury  caused  by  any 
vessel  entering  or  leaving  any  adjacent  pier. 

Certain  substances  not  to  be  dumped 
in  port  of  New  York. 

Sec.  880.  The  placing,  discharging  or  de- 
positing. by  any  process  or  in  any  manner,  of 
refuse,  dirt,  ashes,  cinders,  mud,  sand,  dredg- 
ings, sludge  acid,  or  any  other  refuse  mat- 
ter, floatable  or  otherwise,  in  the  tidal  waters 
of  the  pert  of  New  York  as  defined  by  this  act, 
except  under  permit  of  the  United  States  su- 
pervisor of  the  harbor,  is  hereby  strictly  for- 
bidden, and  every  person  violating  the  fore- 
going provisions  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall 
be  punished  by  a fine  of  not  more  than  two 
hundred  and  fifty  dollars  nor  less  than  five 
dollars,  or  imprisonment  for  not  more  than 
six  months  nor  less  than  ten  days,  one-half 
of  said  fine  to  be  paid  to  the  person  or  persons 
giving  information  which  shall  lead  to  the 
conviction  of  such  misdemeanor. 

Scows  to  receive  ashes,  etc.,  from 
steam  tugs  anti  vessels. 

Sec.  881.  The  various  scows  employed  by 
the  city  of  New  York,  or  by  the  contractors 
for  removing  ashes,  garbage  and  refuse  of 
said  city,  while  moored  at  the  various  dump- 
ing boards  of  said  city  are  hereby  designated 
and  required  to  receive  directly  any  and  all 
ashes  or  rubbish  from  any  steam  tug  or 
vessel  in  the  harbor,  and  in  addition 
to  the  foregoing  provisions  two  or  more  scows 
shall  be  located  at  such  points  vvithin  the 
harbor  as  the  supervisor  of  the  harbor  may 
direct  for  the  special  use  of  boats  and  ves- 
sels wishing  to  discharge  ashes  or  rubbish. 

CHAPTEE  XVII. 

TAXES  AND  ASSESSMENTS. 

Title  1.  Department  of  taxes  and  assessments; 
powers  and  duties. 

2.  Assessments  for  local  improvements 

other  than  those  confirmed  by  a 
court  of  record. 

3.  Vacating  and 'modifying  assessments 

for  local  improvements  other  than 
those  confirmed  by  a court  of  rec- 
ord. 

4.  Opening  streets  and  parks. 

5.  Sales  of  lands  for  taxes,  assessments 

and  water  rates. 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


89 


TITLE  1. 

DEPARTMENT  OP  I'AXES  AND  ASSESS- 
MENTS, POWERS  AND  DUTIES. 

One  of  the  departments  of  the  city. 

Sec.  884.  The  department  of  taxes  and  as- 
sessments shall  be  one  of  the  departments  in 
said  city. 

Department;  hoxv  composed;  term  and 

salaries. 

Sec.  885.  The  head  of  the  department  of 
taxes  and  assessments  shall  be  called  the 
board  of  taxes  and  assessments.  Said  board 
shall  consist  of  a president,  who  shall  be  des- 
ignated in  his  appointment,  and  four  other 
persons,  one  of  whom  at  least  shall  be  a 
person  learned  in  the  law,  who  shall  be  call- 
ed commissioners  of  taxes  and  assessments. 
The  president,  unless  sooner  removed,  shall 
hold  his  office  for  the  term  of  six  years,  and 
until  his  successor  shall  be  appointed  and 
has  qualified.  The  other  commissioners  shall, 
unless  sooner  removed,  hold  their  respective 
ofiices  for  the  term  of  four  years,  and  until 
their  successors  shall  be  appointed  and  have 
qualified.  The  commissioners  first  appointed 
under  this  act  shall  hold  oClce  by  designation 
of  the  mayor  for  terms  of  one,  two,  three  and 
four  years  respectively.  The  commissioners 
thereafter  appointed  shall  hold  office  for  the 
term  of  four  years.  The  salary  of  the  presi- 
dent shall  be  eight  thousand  dollars  a year, 
and  the  salary  of  each  of  the  other  commis- 
sioners seven  thousand  dollars  a year. 

Dcvolntion  of  i>ower. 

Sec.  886.  All  of  the  rights,  powers  and  du- 
ties heretofore  devolved  by  law  upon  the 
board  of  taxes  and  assessments  in  the  city  of 
New  York,  upon  the  department  of  assess- 
ment of  the  city  of  Brooklyn,  and  upon  like 
departments,  boards  or  officers  of  taxes  and 
assessments  other  than  fcr  street  improve- 
ments in  the  other  municipal  and  public  cor- 
porations or  parts  of  municipal  and  public 
corporations  consolidated  by  this  act  with  the 
municipal  corporation  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New 
York  are  hereby  devolved,  unless  otherwise 
herein  expressly  provided,  upon  and  vested 
in  the  board  of  taxes  and  assessments  in  the 
city  of  New  York. 

Deputy  tax  commissioners;  tow  ap- 
pointed; tteir  duties,  term  of  office 

and  salary. 

Sec.  887.  The  board  of  taxes  and  assess- 
ments shall  appoint  persons  to  be  known  as 
deputy  tax  commissioners,  not  exceeding  forty 
In  number,  who  shall  perform,  under  the  di- 
rection and  supervision  of  the  board  of  taxes 
and  assessments,  such  duties  as  the  said  board 
shall  prescribe.  The  said  board  shall  give 
such  directions  to  the  deputy  tax  commission- 
ers as  it  shall  think  expedient  to  secure  in 
all  the  boroughs  and  parts  of  the  city  equal- 
ity of  valuations  of  property  for  the  purposes 
of  taxation.  Such  deputy  tax  commissioners 
shall  hold  their  office  during  the  pleasure  of 
the  said  board  of  taxes  and  assessments,  and 
shall  be  subject  to  removal  by  the  said  board 
as  deputies  in  the  other  city  departments. 
The  number  of  deputy  tax  commissioners 
above  prescribed  may  from  time  to  time  be 
Increased  by  the  appointment  of  the  board 
of  taxes  and  assessments,  provided  such  in- 
crease is  authorized  by  the  board  of  estimate 
and  apportionment.  Tbe  salary  of  each  of 
said  deputy  tax  commissioner  shall  be  fixed 
by  the  board  of  taxes  and  assessments. 

Apportionment  of  deputy  tax  commis- 

■ionerH  amonig-  the  boronghs. 

Sec.  888.  In  making  the  appointments  of 
the  deputy  tax  commissioners  the  head  of 
the  department  of  taxes  and  assessments  shall 
apportion  such  appointments  as  nearly  as  may 


be,  among  persons  residing  In  the  several 
boroughs  created  by  this  act,  according  to 
the  population  of  the  several  boroughs;  and 
the  persons  performing  similar  duties  in  the 
several  boroughs,  when  this  act  takes  effect, 
shall,  so  far  as  the  board  shall  deem  them  fit 
and  competent,  be  preferred  for  the  said  ap- 
pointments first  to  be  made  hereunder. 


territory  consolidated  by  this  act  with  the 
municipal  corporation  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New 
York.  He  shall  hold  his  office  at  the  pleasure 
of  the  department  of  taxes  and  assessments, 
and  may  have  such  assistants  as  the  said  de- 
partment may  decide  to  be  necessary  and  pro- 
vide. 


Deputy  tax  commissioners;  duties  of 

in  assessing;  taxable  property. 

Sec.  889.  It  shall  be  the  duty  of  the  deputy 
tax  commissioners,  under  the  direction  of  the 
board  of  taxes  and  assessments,  to  assess  all 
the  taxable  property  in  the  several  districts 
that  may  be  assigned  to  them  for  that  pur- 
pose by  said  board,  and  they  shall  furnish 
to  the  said  board,  under  oath,  a detailed  state- 
ment of  all  such  property,  showing  that  said 
deputies  have  personally  examined  each  and 
every  house,  building,  lot,  pier,  or  other  as- 
sessable property,  giving  the  street,  lot,  ward, 
town  and  map  number  of  such  real  estate  em- 
braced within  said  districts,  together  with 
the  name  of  the  owner  or  occupant,  if  known; 
(also,  in  their  judgment,  the  sum  for  which 
said  property  under  ordinary  circumstances 
would  sell),  with  such  other  information  in 
detail  relative  to  personal  property  or  other- 
wise, as  the  said  board  may,  from  time  to 
time  require.  Such  deputies  shall  commence 
to  assess  real  and  personal  estate  on  the  first 
Tuesday  of  September  in  each  and  every  year. 

Offiee.s  of  tbe  department  in  tbe  bor- 

oug'lis. 

Sec.  890.  There  shall  be  an  office  of  the  de- 
partment of  taxes  and  assessments  in  the  ! 
borough  of  Brooklyn,  a like  office  of  the  de- 
partment in  the  borough  of  Queens,  a like 
office  of  the  department  in  the  borough  of 
Richmond  and  a like  office  of  the  department 
in  the  borough  of  the  Bronx;  at  which  the 
duties  of  the  department  of  taxes  and  assess- 
ments pertaining  to  the  assessment  of  prop- 
erty in  the  said  several  boroughs  shall,  under 
the  direction  of  the  board  of  taxes  and  assess- 
ments. be  performed  by  such  number  of  the 
deputy  tax  commissioners  or  other  employes 
of  the  department  of  taxes  and  assessments 
as  the  said  department  may  decide  to 
be  necessary  and  assign  to  such  duties. 
Such  offices  shall  in  law  be  a part  of 
the  main  office,  and  the  main  office  of 
the  department  of  taxes  and  assessments 
shall  be  maintained  in  the  borough  of  Man- 
hattan. The  books,  maps,  assessment  rolls, 
files  and  records  pertaining  to  the  depart- 
ment of  taxes  and  assessments  of  the  muni- 
cipality heretofore  designated  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New 
York,  of  the  department  of  assessment  of 
the  fcity  of  Brooklyn  and  of  each  and  every 
of  the  like  offices  in  any  of  the  municipal 
and  public  corporations,  or  parts  of  muni- 
cipal and  public  corporations  consolidated  by 
this  act  with  the  municipal  corporation  of 
the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York,  shall  be  delivered  into  and 
thereafter  be  in  the  custody  and  control  of 
the  department  of  taxes  and  assessments 
hereby  constituted,  to  be  kept  in  such  of  the 
offices  of  the  said  department  as  may  be  most 
convenient  to  the  taxpayers  and  suitable  to 
the  proper  discharge  of  the  business  of  such 
department  and  shall  be  public  records,  and 
at  all  reasonable  times  open  to  public  inspec- 
tion. 

Surveyor. 

Sec.  891.  The  said  department  of  taxes  and 
assessments  shall  appoint  a surveyor  from  one 
of  the  city  surveyors,  whose  duty  it  shall  be 
to  make  necessary  surveys  and  corrections  of 
the  ward  maps,  and  also  to  make  all  new 
maps  which  may  be  required  for  the  more 
accurate  assessment  of  real  estate  within  the 


Annual  record  of  assessed  valuation; 

wliat  to  contain  and  when  to  he  open 

for  examination  and  correction. 

Sec.  892.  There  shall  be  kept  in  the  several 
offices  established  by  the  department  of  taxes 
and  assessments  books  to  be  called  “The  an- 
nual record  of  the  assessed  valuation  of  real 

and  personal  estate  of  the  borough  of  ,” 

in  which  shall  be  entered  in  detail  the  assessed 
valuations  of  such  property  within  the  limits 
of  the  several  boroughs  of  the  city  of  New 
York  as  established  by  this  act,  which  said 
books  shall  be  open  for  examination  and  cor- 
rection from  the  second  Monday  in  January 
until  the  first  day  of  May,  in  each  year;  but 
on  said  last  mentioned  day  the  same  shall  te 
closed  to  enable  the  board  of  taxes  and  as- 
sessments to  prepare  assessment  rolls  of  the 
several  boroughs  for  delivery  to  the 

municipal  assembly.  The  said  board  pre- 
vious to  and  during  the  time  the 

said  books  are  open  as  aforesaid  for 
inspection  shall  advertise  the  fact  in  the 
City  Record,  and  in  the  corporation  newspa- 
pers and  in  such  other  newspaper  or  news- 
papers published  in  the  several  boroughs  cre- 
ated by  this  act  as  may  be  authorized  by  tfie 
board  of  city  record;  provided,  however,  that 
for  the  year  1898  it  shall  be  sufficient  if  said 
books  be  kept  open  from  the  first  Monday  of 
February  to  the  first  day  of  May  of  that  year. 

Annual  record  of  assessed  valuation  of 

real  and  personal  estate  of  eorpora- 

tions  to  be  kept  in  main  office. 

Sec.  893.  The  department  of  taxes  and  as- 
sessments shall  cause  to  be  prepared  and 
kept  in  :he  main  office  of  the  department  of 
taxes  and  assessments,  books  to  be  called 
“the  annual  record  of  the  assessed  valuations 
of  real  and  personal  estate  of  corporations,” 
and  it  shall  be  the  duty  of  the  deputy  tax 
commissioners  in  the  several  districts  in  the 
several  boroughs  which  may  be  assigned  to 
them  for  that  purpose  by  the  board  of  taxes 
and  assessments,  to  furnish  to  the  depart- 
ment of  taxes  and  assessments,  under  oath 
at  their  main  office,  at  the  time  that  such 
statement  is  filed  in  any  office  of  the  depart- 
ment of  taxes  and  assessments  in  any  borough 
other  than  in  the  main  office  in  the  borough 
of  Manhattan,  a duplicate  detailed  statement 
of  the  assessable  property  of  corporations,  both 
real  and  personal,  which  said  statements  of 
said  deputy  tax  commissioners  shall  be  en- 
tered upon  the  books  to  be  kept  in  the  main 
office  of  the  department  of  taxes  and  assess- 
ments, to  be  known  as  the  “annual  record  of 
the  assessed  valuation  of  real  and  personal 
estate  of  corporations.” 

Assc.ssed  valuation  of  personal  prop- 
erty; bow  to  be  entered. 

Sec.  894.  The  assessed  valuation  of  all  per- 
sonal property  shall  be  entered  by  said  deputy 
tax  commissioners,  or  by  such  other  persons 
as  may  be  assigned  to  that  duty  by  the  de- 
partment of  taxes  and  assessments  in  its 
several  offices,  in  books  or  rolls,  in  alpha- 
betical order,  of  the  names  of  persons  and 
corporations  subject  to  taxation.  No  tax  or 
assessment  shall  be  void  by  reason  of  the 
name  of  the  rightful  owner  or  owners, 
whether  individuals  or  corporations,  of  real 
estate  in  any  of  the  said  boroughs  not  being 
inscribed  in  the  assessment  rolls  or  lists; 
but  in  such  case  no  tax  shall  be  collected 
except  from  the  real  estate  so  assess*^ 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


90 


The  assessed  valuation  of  all  real  and  per- 
sonal property  of  corporations  shall  be  en- 
tered in  duplicate  in  the  office  in  the  borough 
where  the  same  is  assessed  and  in  the  main 
office  of  the  departmfeni  of  taxes  and  assess- 
ments in  tho  borough  of  Manhattan.  If, 
at  any  time  prior  to  the  first  day  of  May  j 
in  any  year,  it  shall  appear  to  the  tax  com- 
missioners that  a person  assessed  for  taxa- 
tion on  personal  estate  on  the  books  or  rolls 
of  one  borough  should  have  been  assessed 
therefor  on  the  books  or  rolls  of  another 
borough,  they  shall  forthwith  cause  the  as- 
sessment to  be  cancelled  and  a new  assess- 
ment to  be  made  on  the  proper  books  or  rolls, 
and  within  five  days  thereafter  shall  cause 
written  notice  of  the  new  assessment  to  be 
mailed  to  such  person  at  his  last  known 
residence  or  business  address  within  the  city 
of  New  York,  and  an  affidavit  of  the  mailing 
of  such  notice  to  be  filed  in  the  main  office. 
The  person  so  notified  may  apply  for  correc- 
tion of  such  assessment  on  or  before  the 
twentieth  day  of  May,  with  the  same  force 
and  effect  as  if  such  application  were  made 
on  or  before  the  thirtieth  day  of  April,  in  any 
year.  [Added  by  Chapter  500,  Laws  of  1899.] 

Applications  I’oi'  correction  of  as.se.ss- 

ine«it. 

Sec.  893.  During  the  time  that  books  shall 
be  open  to  public  inspection  as  aforesaid  ap- 
plication may  be  made  by  any  person  or  cor- 
poration claiming  to  be  aggrieved  by  the  as- 
sessed valuation  of  real  or  personal  estate, 
to  have  the  same  corrected.  If  such  applica- 
tion be  made  in  relation  to  the  assessed  valua- 
tion of  real  ectate,  it  must  be  made  "in  writ- 
ing, stating  the  ground  of  objection  thereto. 
The  board  of  taxes  and  assessments  shall  ex- 
amine into  the  complaint,  as  herein  provided, 
and  if  in  their  Judgment  the  assessment  is 
erroneous  they  shall  cause  the  same  to  be 
coiTected.  If  such  application  be  made  in  re- 
lation to  the  assessed  valuation  of  personal 
estate,  the  applicant  shall  be  examined  under 
oath  by  a commissioner  of  taxes  and  assess- 
ments or  a deputy  tax  commissioner,  as  here- 
in provided,  who  are  hereby  authorized  to 
administer  such  oath,  and  if  the  assessment 
as  hereinafter  provided  be  determined  by  the 
board  of  taxes  and  assessments  to  be  errone- 
ous, it  shall  cause  the  same  to  be  corrected 
and  fix  the  amount  of  such  assessment  as  the 
board  of  taxes  and  assessments  may  believe 
to  be  just,  and  declare  its  decision  upon  such 
application  within  the  time  and  in  the  man- 
ner hereinafter  provided.  But  the  commis- 
sioners of  taxes  and  assessments  may,  during 
the  month  of  May  in  any  year,  act  upon  ap- 
plications for  the  reduction  of  assessments 
upon  either  real  or  personal  property  filed 
in  their  offices  on  or  before  the  30th  day  of 
April  preceding,  and  cause  the  amount  of  any 
assessment  as  corrected  by  the  board  of 
taxes  and  assessments  to  be  entered  upon  the 
assessment  rolls  for  the  year  in  which  such 
correction  may  be  made. 

Wlieii  as.ses.'iecl  valuation  may  be  in- 
creased or  diminished. 

Sec.  896.  The  board  of  taxes  and  assess- 
ment may  increase  at  any  'time  before  the 
1st  of  May  in  each  year,  or  may  diminish  at 
any  time  before  the  closing  of  the  books  of 
“aunnal  record”  on  the  1st  day  of  May  in  each 
year,  the  assessed  valuation  of  any  real  or  per- 
sonal estate  of  any  individual  or  corporation 
as  in  its  judgment  may  he  just  or  necessary 
for  the  equalization  of  taxation;  but  it  shall 
not  increase  such  valuations  of  the  property 
of  any  individual  or  corporation  after  said 
books  are  opened  for  correction  and  review’, 
except  upon  notice  given  to  the  individual 
•r  corporation  affected  by  such  increase  at 


least  ten  days  before  the  fifteenth  day  of 
May  in  each  year. 

Po^ver  of  the  board  to  remit  or  reduce 

a tax. 

Sec.  897.  The  board  of  taxes  and  assess- 
ments is  hereby  invested  with  power  to  remit, 
where  in  the  opinion  of  the  corporation 
counsel  lawful  cause  therefo:r  is  shown.  It  may 
veduce,  if  found  excessive,  a tax  imposed  upon 
real  or  personal  property.  It  shall  require  a 
majority  of  the  commissioners  of  taxes  and 
asses, sments  to  remit  or  reduce  the  assessed 
valuation  of  personal  property,  and  no  tax  on 
personal  property  shall  be  remitted,  cancelled 
or  reduced  unless  the  person  aggrieved  shall 
satisfy  the  board  of  taxes  and  assessments 
that  illness  or  absence  from  the  city  had  pre- 
vented the  filing  of  the  complaint  or  making 
the  application  to  the  said  board  within  the 
time  allowed  by  law  for  the  correction  of 
taxes.  Any  remission  or  reduction  of  taxes 
upon  the  real  estate  of  individuals  or  corpo- 
rations must  be  made  within  six  months  after 
the  delivery  of  the  books  to  the  receiver  of 
taxes  for  the  collection  of  such  tax. 

Ai>i)Iication.s  for  revision  and  osiiioel- 

latioii  of  assessment  in  tlie  several 

boi'ong'lis;  wben  and  bow  made. 

Sec.  898.  The  board  of  taxes  and  assess- 
ments from  the  whole  number  of  persons 
appointed  as  deputy  tax  commissioners  shall 
tor  each  of  the  boroughs  wherein  one  of  the 
offices  of  the  department  of  taxes  and  assess- 
ments is  established  and  maintained  desig- 
nate one  or  more  deputy  tax  commissioners, 
who  shall,  between  the  second  Monday  of 
January  in  each  year  and  the  first  day  of  May 
following,  receive  applications  for  the  revis- 
ion and  cancellation  of  any  assessments  en- 
tered in  the  books  of  annual  record  of  the  as- 
sessed valuation  of  real  and  personal  estate 
in  that  borough,  take  testimony  on  such  ap- 
plications and  reduce  the  same  to  writing, 
and  when  so  reduced  to  writing  transmit  such 
applications  and  testimony,  with  his  recom- 
mendation, CO  the  board  of  taxes  and  assess- 
ments at  their  main  office,  in  the  borough  of 
Manhattan,  or  to  any  office  of  the  department 
o.'f  taxes  in  any  borough  as  the  board  of  taxes 
and  assessments  may  prescribe.  Such  deputy 
tax  commissioners  as  may  be  designated  for 
the  purposes  and  as  prescribed  in  this  sec- 
tion, are  hereby  authorized  between  the  sec- 
ond Monday  of  January  and  the  first  day  of 
May  to  administer  oaths  for  the  purpO'Se  of 
taking  testimony  upon  all  applications  for 
the  revision  or  cancellation  of  assessments, 
and  they  are  hereby  required  and  directed 
to  transmit  the  evidence  so  taken  and  reduced 
to  writing,  within  ten  days  after  the  evidence 
upon  any  application  is  taken,  with  their 
recommendation,  as  hereinbefore  described. 
The  board  of  taxes  and  assessments  shall  hear 
at  their  main  office  all  applications  of  corpo- 
rations for  revision  and  cancellation  of  as- 
sessments; and  as  to  all  other  applications, 
the  said  board  may  prescribe  the  time  and 
place  of  hearing  thereof  in  the  several  bor- 
oughs and  give  such  public  notice  thereof  in 
the  city  record  and  in  at  least  one  newspaper 
in  each  boro'Ugh  as  they  may  designate,  and 
the  hoard  may  make  such  rules  and  regula- 
tions as  may  he  appropriate  and  expedient  to 
the  end  that  the  taxpayers  of  each  borough 
other  than  corporations  may  have  a hearing 
in  the  borough  in  which  they  reside  or  in 
which  their  property  assessed  is  situated. 
All  testimony  taken  by  the  b.oard  of  taxes 
and  assessments  by  any  commissioner  or  by 
deputy  tax  commissioners  as  herein  pre- 
scribed shall  be  reduced  to  writing  and  shall 
constitute  part  of  the  record  of  the  proceed- 
ings upon  any  assessment.  The  decision  of 
the  board  of  taxes  and  assessments,  upon 
any  application  for  the  revision,  reduction  or 


cancellation  of  any  assessment,  and  upon  the 
evidence  taken  thereunder,  shall,  where  the 
evidence  is  taken  by  the  board  of  taxes  and 
assessments,  be  rendered  within  thirty  days 
after  the  hearing  upon  such  application  is 
closed.  And  where  the  evidence  upon  any 
application  is  taken  by  any  commissioner  or 
a deputy  tax  commissioner  the  determination 
of  the  board  of  taxes  and  assessments  shall 
be  rendered  within  thirty  days  after  the  ap- 
plication and  the  testimony  thereunder  shall 
have  been  filed  with  the  board  of  taxes  and 
assessments,  at  the  main  office  of  the  depart- 
ment in  the  borough  of  Manhattan. 

Depnfy  tax  commissioners  to  make  np 
ag'S'i'es'ate  amount  of  assessed  valua- 
tion ill  tlie  borouglis. 

Sec.  899.  It  is  hereby  declared  to  be  the  duty 
of  the  deputy  tax  commissioners,  or  of  such 
other  persons  as  may  have  been  assigned 
to  the  charge  and  direction  of  any  one  of  the 
offices  of  the  department  of  taxes  and  assess- 
ments in  the  several  boroughs,  to  compute 
from  the  annual  record  of  the  assessed  valua- 
tions of  real  and  personal  estate  in  each  of 
the  said  several  offices,  the  total  aggregate 
amount  of  the  assessed  valuation  of  real  and 
personal  property  appearing  on  said  books  for 
each  of  the  said  boroughs  on  the  second  Mon- 
day of  January  in  any  year,  and  to  transmit 
a statement  of  such  aggregate  amounts  of 
assessed  valuations  of  real  and  personal  prop- 
erty in  the  said  several  boroughs  to  the  de- 
partment of  taxes  and  assessments  at  their 
main  office  in  the  borough  of  Manhattan  on  or 
before  the  second  Monday  of  January  in  each 
year.  The  board  of  taxes  and  assessments 
are  hereby  Invested  with  the  power  and 
charged  with  the  duty  before  opening  the 
books  for  the  public  inspection  as  herein  pre- 
scribed, to  fix  such  valuations  of  property  for 
the  purposes  of  taxation  throughout  the  city 
of  New  York  at  such  sums  as  will,  in  their 
judgment,  establish  a just  and  equal  relation 
between  the  valuations  of  property  in  each 
borough  and  throughout  the  entire  city.  To 
this  end  the  board  cf  taxes  and  assessments 
is  authorized  to  require  the  deputy  tax  com- 
missioners to  transmit  a report  to  them  of 
the  assessed  valuation  of  real  and  personal 
property  in  the  several  boroughs  at  such  time 
prior  to  the  second  Monday  of  January  in  each 
year  as  the  board  of  taxes  and  assessments 
may  prescribe. 

Controller  to  submit  to  mnnioipal  as- 
sembly a statement  showing-  the 
amounts  necessary  to  be  raised. 

Sec.  900.  It  shall  be  the  duty  of  the  control- 
ler of  said  city  to  prepare  and  submit  to  the 
municipal  assembly,  at  least  four  weeks  be- 
fore its  annual  meeting  in  each  and  every 
year  for  the  purpose  of  imposing  the  annual 
taxes,  a statement  setting  forth  the  amounts 
by  law  authorized  to  be  raised  by  tax  in  that 
year,  on  account  of  the  corporation  of  the 
city  of  New  York,  as  hereby  constituted,  or 
for  city  purposes  within  said  city  as  created 
by  this  act,  and  purposes  for  which  said  city 
is  liable,  and  also  an  estimate  of  the  probable 
amount  of  receipts  into  •the  city  treasury  dur- 
ing the  then  current  year  from  all  the  sources 
of  revenue  of  the  general  funds,  including 
surplus  revenue  from  the  sinking  funds  of 
the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York  and  of  any  of  the  municipal 
and  public  corporations,  or  parts  of  municipal 
and  public  corporations,  by  this  act  consoli- 
dated with  the  municipal  corporation  known 
as  the  mayor,  aldermen  and  commonalty  of 
the  city  of  New  York,  other  than  the  surplus 
of  revenues  of  any  such  sinking  funds  for 
the  payment  of  interest  on  the  city  debt  of 
the  municipal  corporation  known  as  the 
mayor,  aldermen  and  commonalty  of  the  city 
of  New  York,  or  the  like  debts  of  the  muni- 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


91 


cipal  and  public  corporations  by  this  act  con- 
solidated as  aforesaid,  and  the  said  municipal 
assembly  is  hereby  authorized  and  directed 
to  deduct  the  total  amount  of  such  estimated 
receipts  from  the  aggregate  amount  of  all 
the  various  sums  which,  by  law,  they  are  re- 
quired to  order  and  cause  to^be  raised  by  tax 
in  said  year,  for  the  purposes  aforesaid,  and 
to  cause  to  be  raised  by  tax  only  the  balance 
of  such  aggregate  amount  after  making  such 
deductions. 

Special  provision  for  taxes  of  1897- 
1898. 

Sec.  901.  Inasmuch  as  the  amounts  due  in 
the  way  of  taxes  for  state  and  municipal 
purposes  for  the  year  1898  will  have  been 
levied  in  tjie  boroughs  of  Brooklyn,  Queens 
and  Richmond,  prior  to  the  1st  day  of  Jan- 
uary, 1898,  but  not  in  the  city  of  New  York, 
now,  in  order  to  prevent  double  taxation  of 
property  outside  of  the  limits  of  the  present 
city  of  New  York,  for  the  year  1898,  it  is 
hereby  provided  that”  in  said  year  1898  the 
balance  so  caused  to  be  raised  by  tax  shall 
be  raised  exclusively  from  property  within 
the  limits  of  the  corporation  heretofore 
known  as  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York;  but  it  is  fur- 
ther provided  that  in  case  it  shall  transpire 
that  the  amount  levied  or  collected  from  any 
borough  outside  of  the  present  city  of  New 
York,  and  available  to  the  uses  of  the  city, 
as  constituted  by  this  act,  for  the  year  1898, 
shall  be  more  or  less  than  its  due  proportion 
of  the  expenses  for  the  year  1898  of  the  city 
as  constituted  by  this  act,  such  excess  or  de- 
ficit shall  be  equalized  and  adjusted  in  the 
budget  of  tfie  following  year;  to  the  end  that 
each  borough  shall  bear  its  fair  proportion  of 
the  expenditures  of  the  city  for  the  year  1898. 
The  municipal  assembly  shall  have  full  power 
by  appropriate  ordinances  to  enforce  this  pro- 
vision, and  is  hereby  invested  with  power  to 
make  such  equalization  and  adjustment  by 
different  rates  of  taxation,  or  otherwise,  in 
the  several  boroughs,  to  the  end  that  taking 
the  years  1898  and  1899,  together,  each 
borough  shall  pay  its  proper  proportion  of 
the  general  expenses  of  the  city  for  both 
years. 

How  county  charges  and  expenses  in 
New  York,  Kings  and  Richmond 
counties  and  that  part  of  Q,ueens 
county  within  the  city  are  to  he  paid. 

Sec.  902.  In  the  statement  submitted  by  the 
controller  to  the  municipal  assembly,  as 
above  provided  in  this  chapter,  he  shall  each 
year  include  and  state  specifically  the  sum  or 
sums  necessary  to  be  raised  to  pay  during  the 
current  year  the  salaries  of  the  county  of- 
ficers and  the  other  county  charges  and  ex- 
penses in  the  counties  of  New  York,  Kings 
and  Richmond,  respectively;  and  the  sum  or 
sums  which  should  be  paid  for  like  purposes 
by  that  part  of  Queens  county  included  with- 
in the  city  and  the  municipal  assembly  is 
hereby  authorized  and  directed  to  levy  upon 
and  collect  from  the  taxable  property  within 
each  of  said  counties,  and  part  of  county,  re- 
spectively, the  sum  or  sums  so  necessary  to 
be  raised  to  pay  the  salaries  of  county  officers 
and  other  county  charges  and  expenses  of 
such  county  or  part  of  county,  to  the  end 
that  each  of  said  counties  and  said  part  of 
Queens  county  shall  ultimately  bear  and  pay 
all  expenses  necessary  to  be  Incurred  within 
the  county  or  part  of  county,  for  county  as 
distinguished  from  city  purposes. 

Permits  for  knildings,  etc.;  copies  of 
to  l»e  sent  to  the  department  of  taxes 
and  assessments. 

Sec.  903.  Whenever  any  permit  shall  be 
granted  by  the  proper  officer  of  the  city  gov- 
ernment as  created  by  this  act  for  the  erec- 
tion of  any  building,  pier  or  bulkhead  within 


said  city,  a copy  of  such  permit  shall  be  with- 
in five  days  after  its  issue  furnished  by  the 
officer  granting  the  same  to  the  department 
of  taxes  and  assessments. 

Exemptions. 

Sec.  904.  The  exemption  from  taxation  of 
every  building  for  public  worship,  and  every 
school  house  or  other  seminary  of  learning 
under  the  provisions  of  section  4 of  the  tax 
law,  being  chapter  908  of  the  laws  of  1896, 
shall  not  apply  to  any  such  building  or  prem- 
ises within  the  limits  of  the  city  of  New  York, 
as  defined  by  this  agt,  unless  the  same  shall 
be  exclusively  used  for  such  purpose,  and  be 
exclusively  the  property  of  a religious  so- 
ciety. 

Exemptions,  continued. 

Sec.  905.  Nothing  in  this  chapter  shall  affect 
any  existing  and  valid  exemptions  from  taxa- 
tion heretofore  created  by  law  respecting  any 
property,  real  or  personal,  within  the  limits 
of  the  city  of  New  York  as  constituted  by  this 
act. 

Certiorari  to  review  final  determina- 
tion of  tlie  department. 

Sec.  903.  A certiorari  to  review  or  correct  on 
the  merits  any  final  determination  of  the 
board  of  taxes  and  assessments  shall  be  al- 
lowed by  the  supreme  court  or  any  justice  I 
thereof  directed  to  the  commissioners  of  taxes 
and  assessments  on  the  verified  petition  of 
the  party  aggrieved,  but  only  on  the  grounds 
which  must  be  specified  in  such  petition,  that 
the  assessment  is  illegal,  and  giving  the  par- 
ticulars of  the  alleged  illegality,  or  is  erron- 
eous by  reason  of  over  valuation  or,  in  case 
of  real  estate  that  the  same  is  erroneous  by 
reason  of  inequality  in  that  the  assessment 
has  been  made  at  a higher  proportionate  valu- 
ation than  the  assessment  of  other  real  es- 
tate on  the  tax  rolls  of  the  city  for  the 
same  year,  specifying  the  instances  in  which 
such  inequality  exists,  and  the  extent  there- 
of, and  stating  that  he  is  or  will  be  injured 
thereby. 

Wlien  as.sessmenf  rolls  to  be  matle  and 

delivered  to  tlie  mtinieipal  assembly. 

Sec.  907.  Beginning  with  the  1st  day  of  May 
in  each  year  the  board  of  taxes  and  assess- 
ments shall  cause  to  be  prepared  from  the 
books  of  annual  record  of  assessed  valuations 
of  real  and  personal  estate  in  the  several  of- 
fices of  the  department  of  taxes  and  assess- 
ments in  the  several  boroughs,  assessment  rolls 
for  each  of  said  several  boroughs,  and  shall,  as 
soon  as  such  rolls  are  completed,  annex  to 
each  of  said  rolls  their  certificates  that  the 
same  is  correct  in  accordance  with  the  en- 
tries in  said  several  books  of  record.  The 
rolls  so  certified  must,  on  the  first  Monday 
of  July  in  each  year  be  delivered  by  the  board 
of  taxes  and  assessments  to  the  municipal  as- 
sembly, which  shall  meet  at  noon  on  that 
day  at  the  city  hall,  or  usual  place  of  meet- 
ing, in  the  borough  of  Manhattan,  for  the 
purpose  of  receiving  the  same,  and  for  the 
purpose  of  performing  such  other  duties  in 
relation  thereto  as  are  prescribed  by  law;  ex- 
cept that  whenever  said  first  Monday  in  July 
shall  fall  on  a legal  holiday,  said  rolls  shall 
be  delivered  by  said  board  of  taxes  and  as- 
sessments on  the  next  succeeding  day  there- 
after to  the  municipal  assembly,  which  shall 
meet  at  noon  on  such  next  succeeding  day, 
at  the  place  and  in  the  manner  and  for  the 
purposes  hereinafter  specified. 

Meaning;  of  flie  words  “board  of  taxes 

and  assessments”  in  this  chapter; 

majority  clause. 

Sec.  908.  Whenever  any  act  is  required  or 
authorized  to  be  done  or  any  determination 
or  decision  made  by  the  board  of  taxes  and 
assessments,  or  any  other  body  or  board. 


then  in  tie  absence  of  express  provision  to 
the  contrary,  any  cucli  dc't,  -H  dbbe,  or  any 
such  determination' or ' deei&iofl.  If  .nadc  by 
a majority  of  the  body  or  board  shall,  within 
the  meaning  of  this  act  be  held  to  be  the  act, 
determination  or  decision  of  the  body  or 
board. 

Assessment  rolls  to  remain  in  custody 

of  municipal  assembly. 

Sec.  909.  The  tax  or  as.sessment  rolls,  when 
finally  submitted  to  the  municipal  assembly  on 
the  first  Monday  of  July  in  each  year,  shall 
remain  in  the  custody  of  said  assembly,  but 
the  president  of  the  council  may,  by  written 
permission,  permit  access  to  them,  and  he  is 
hereby,  in  the  name  of  the  municipal  assem- 
bly and  as  its  act,  authorized  and  directed  to 
cause  to  be  properly  estimated  and  computed 
the  taxes  annually  imposed,  and  cause  the 
same  to  be  properly  set  dov/n  or  extended  in 
the  several  assessment  rolls  or  tax  books,  as 
required  by  the  next  section.  It  shall  also  be 
the  duty  of  said  president  to  cause  the  items 
of  said  taxes  to  be  carefully  added,  and  to 
set  down  the  amount  of  the  same  therein;  and 
when  completed  to  deliver  the  tax  books  re- 
lating to  real  estate  to  the  collector 
of  assessments  and  arrears,  in  order  that 
the  unpaid  water  rents  of  each  preced- 
ing year  may  be  entered  therein.  After 
such  completion  of  the  assessment  rolls  or  tax 
books  it  shall  be  the  duty  of  the  city  clerk  to 
procure  the  proper  warrants  authorizing  and 
requiring  the  receiver  of  taxes  to  collect  the 
several  sums  therein  mentioned  according  to 
law,  and  such  warrants  need  be  signed  only 
by  the  president  of  the  council  and  the  presi- 
dent of  the  board  of  aldermen,  and  counter- 
signed by  the  city  clerk,  and  immediately 
thereafter  the  president  of  the  council  shall 
deliver  the  said  assessment  rolls,  with  the 
warrants  aforesaid  annexed  thereto,  to  the  re- 
ceiver of  taxes,  at  the  same  time  notifying 
the  controller  of  the  amount  of  taxes  in  each 
book,  in  order  that  he  may  cause  the  proper 
sum  to  be  charged  to  the  receiver  for  collec- 
tion. 

IcX.:  duties  of  manieipal  assembly  re- 

speetiiis'. 

Sec.  910.  At  such  annual  meeting  the  muni- 
cip'al  assembly  must  make  such  alterations 
in  the  description  of  real  property  belonging 
to  non-residents  as  may  be  necessary  to  ren- 
der such  descriptions  conformable  to  the 
provisions  of  law;  and  if  such  alterations 
cannot  be  made,  they  must  expunge  the  de- 
scriptions of  such  real  property,  and  the  as- 
sessments thereon  from  the  assessment  rolls. 
They  must  also  estimate  and  set  down  in  a 
fifth  column,  to  be  prepared  for  that  purpose 
in  the  assessment  rolls,  opposite  to  the  sev- 
eral sums  set  down  as  the  valuation  of  real 
and  personal  property,  the  respective  sums, 
in  dollars  and  cents,  to  be  paid  as  a tax 
thereon,  rejecting  the  fractions  of  a cent. 
They  must  also  add  up  and  set  down  the  ag- 
gregate valuations  of  the  real  and  personal 
property  in  the  several  boroughs  as  cor- 
rected by  them;  and  must  transmit  to  the 
controller  of  this  state  by  mail  a certificate 
of  such  aggregate  valuations,  showing  sepa- 
rately the  aggregate  amount  of  the  real  and 
personal  property  in  each  borough,  as  cor- 
rected by  the  municipal  assembly. 

Corrected  roll  to  be  delivered  to  re- 
ceiver of  taxes. 

Sec.  911.  They  must  also  cause  the  assess- 
ment rolls  of  each  borough,  when  corrected 
according  to  law,  and  finally  completed,  or 
a fair  copy  thereof,  to  be  delivered  to  the 
receiver  of  taxes  in  and  for  the  city  on  or 
before  the  first  day  of  September  thereafter, 
with  the  proper  warrant  or  warrants  an- 
nexed, signed  by  the  president  of  the  couooU 


92 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


anj  tho  president  t}ie,  board  of  aldermen 
and  cowKtfcv.'^iguod  ,J.\y  .th4  ci'ty  clerk,  direct- 
ing and  requjrittg'  bifn  ■ to. .cwllect  from  tho 
several  persons  named  in  the  assessment 
rolls  the  several  sum.s  mentioned  in  the  last 
column  of  such  roll,  opposite  to  their  respec- 
tive names,  and  to  pay  the  same  from  time 
to  time,  when  so  collected,  to  the  chamber- 
lain  of  the  city. 

Penalty  for  municipal  assembly’s 

neglect. 

Sec.  912.  If  the  municipal  assembly  shall 
willfully  refuse  or  neglect  to  perform  any 
of  the  duties  required  cxf  them  by  the  two 
preceding  sections,  each  member  so  refusing 
or  neglecting  shall  forfeit  to  the  city  of  New 
York  the  sum  of  five  hundred  doilars,  to  be 
recovered  in  a civil  action;  and  shall  also  be 
punishable  for  a misdemeanor,  and  upon  con- 
viction thereof,  shall  forfeit  his  office. 

■\Vliere  taxes  due  and  i»ayable. 

Sec.  913.  The  receiver  of  taxes,  upon  receiv- 
ing the  assessment  rolls  and  warrants  shall 
immediately  cause  the  assessment  rolls  and 
warrants  for  each  of  the  several  boroughs 
wherein  he  shall,  under  the  designation  of  tho 
municipal  assembly,  have  an  office,  to  be  de- 
livered at  and  filed  in  such  office,  and  shall 
thereafter  proceed  to  collect  and  receive  said 
taxes  from  the  several  individuals  and  corpo- 
rations assessed  in  the  said  assessment  rolls 
in  the  manner  hereinafter  prescribed. 

Receiver  of  tuxes  to  give  public  notice. 

Sec.  914.  The  receiver  of  taxes  shall,  imme- 
diately after  he  shall  have  received  the  assess- 
ment rolls,  give  public  notice  in  the  City  Rec- 
ord and  the  corporation  new'spapers  and  in 
such  newspaper  or  newspapers  pubiished  in 
the  several  boroughs  as  may  be  designated 
by  the  board  of  city  record,  or  in  default  of 
any  newspaper  being  published  in  any  bor- 
ough, in  such  newspaper  or  newspapers  hav- 
ing a general  circulation  in  such  borough  as 
the  board  of  city  record  shall  direct,  that  said 
assessment  rolls  have  been  delivered  to  him 
and  that  all  taxes  are  then  due  and  payable 
at  his  office  in  the  said  respective  boroughs, 
and  that  in  case  of  payment  on  or  before  the 
first  day  of  November  thereafter  the  persons 
so  paying  shall  be  entitled  to  the  benefits  men- 
tioned in  the  next  section. 

Rebate  for  prompt  payment. 

Sec.  .915.  If  any  person  who  shall  be  assessed 
in  any  of  the  said  assessment  rolls  shall  pay 
the  amount  of  his  taxes  on  or  before  the  first 
day  of  November,  succeeding  the  delivery  of 
the  said  assessment  rolls  and  warrants  to  the 
said  receiver,  it  shall  be  the  duty  of  the  re- 
ceiver or  any  of  his  deputies  to  receive  the 
same,  and  to  deduct  therefrom  Interest,  at 
the  rate  of  6 per  cent,  per  annum,  between  the 
day  of  such  payment  and  the  fi’'st  day  of  De- 
cember then  next  succeeding. 

Infere.st  on  unpaid  taxes. 

Sec.  916.  If  any  sucti  tax  shall  remain  un- 
paid on  the  said  first  day  of  December  it  shall 
be  the  duty  of  the  receiver  of  taxes  ^o'  charge, 
receive  and  collect  upon  such  tax  so  remain- 
ing unpaid  on  that  day,  in  addition  to  the 
amount  of  such  tax  one  percentum  on  the 
annount  thereof,  and  to  charge,  receive  end  col- 
lect upon  such  tax  so  remaining  umpaid  on  the 
first  day  of  January  thereai’cer,  interest  upon 
the  amount  thereof,  et  the  rate  of  seven  per 
centum  per  annum,  to  be  calculated  from  the 
day  on  which  said  assessment  rolls  and  war- 
rants shell  have  been  delivered  to  the  receiver 
cf  taxes  to  ‘the  date  of  payment;  and  such  in- 
crease or  percenitage  sheli  be  paid  over  and 


accounted  for  by  such  receiver  from  time  to 
lime,  as  a part  of  the  tax  collected  by  him. 

Id.;  continued. 

Sec.  917.  It  shall  be  the  duty  of  the  said  re- 
ceiver, in  person  or  by  his  deputies,  to  charge, 
collect  and  receive  upon  all  taxes  remaining 
unpaid  on  and  after  the  said  first  day  of  Janu- 
ary, interest  at  a rate  of  seven  per  centum  per 
annum,  to  be  calculated  from  the  day  on  which 
the  said  assessment  rolls  and  warrants  shqjl 
have  been  delivered  to  the  receiver. 

Duty  of  receiver  wlierc  taxes  remain 

unpaid  on  the  first  of  November  fol- 

lo^viiig-  the  delivery  of  assessments 

and  Tiarranta. 

Sec.  918.  If  any  taxes  of  any  year  shall  re- 
main unpaid  on  the  first  day  of  November  next 
after  the  assessments  and  warrants  to  collect 
such  taxes  have  been  delivered  to  the  receiver 
of  taxes  at  his  office  in  the  borough  of  Man- 
hattan, it  shall  be  the  duty  of  the  receiver  to 
give  nccice  by  advertisement  for  at  least  ten 
days  in  the  City  Record  and  the  corporation 
new'spapers,  and  in  such  daily  paper  having  a 
general  circulation  in  any  borough  as  the 
board  of  city  record  shall  designate,  that  un- 
less the  same  shall  be  paid  to  him  at  his  office 
on  or  before  the  first  day  of  December,  in  any 
such  year,  he  will  immediately  thereafter  pro- 
ceed to  collect  such  unpaid  taxes  as  provided 
herein. 

Public  notice  to  be  given  by  receiver 

after  Decembei*  1st  in  eacb  year. 

Sec.  919.  The  receiver  of  taxes  shall  Imme- 
diately after  the  1st  day  of  December,  in  each 
year,  give  public  notice  in  the  City  Record, 
and  the  corporation  newspapers,  and  in  such 
daily  paper  ' having  a general  circulation 
in  any  borough  as  the  board  of  City 
Record  may  designate,  at  least  ten  days,  no- 
tifying all  persons  or  corporations  who  have 
omitted  to  pay  their  taxes  to  pay  the  same  to 
him  at  his  office  in  the  borough  of  Man- 
hattan or  to  his  several  deputies  in  the  sev- 
eral boroughs. 

Umlividetl  parts  of  taxes;  payment  of. 

Sec.  920.  If  a sum  of  money  In  gross  has 
been  or  shall  be  taxed  upon  any  lands  or 
premises,  any  person  or  persons  claiming  any 
divided  or  undivided  part  thereof  may  pay 
such  part  of  the  sum  of  money  so  taxed, 
also  of  the  interest  and  charges  due  or 
charged  thereon,  as  the  said  controller  may 
deem  to  be  just  and  equitable;  and  the  re- 
mainder of  the  sum  of  money  so  taxed,  to- 
gether with  the  interest  and  charges,  shall  be 
a lien  upon  the  residue  of  the  land  and 
premises  only,  which  residue  may  be  sold 
to  satisfy  the  residue  of  such  tax,  interest,  or 
charges,  in  the  same  manner  as  though  the 
residue  of  said  tax  had  been  imposed  upon 
the  residue  of  said  lands  or  premises. 

Corporations;  tax  for,  bow  collected. 

Sec.  921.  The  said  receiver  of  taxes  shall 
proceed  in  enforcing  the  collection  and  pay- 
ment of  taxes  against  corporations  or  asso- 
ciations, and  their  officers  and  directors,  or 
trustees,  in  the  same  manner  as  against  in- 
dividuals; such  taxes  shall  be  paid  out  of  the 
funds  of  the  comparer  and  shall  be  ratably 
deducted  from  the  dividends  of  those  stock- 
holders whose  stock  was  taxed,  or  shall  be 
charged  upon  such  stock,  if  no  dividends  he 
afterward  declared. 

Daily  statement  of  taxes  received  to  be 

r-endei'ed  to  chamberlain. 

Sec.  922.  The  receiver  of  taxes  shall  enter 
into  suitable  books,  to  be  kept  by  him  for  that 
purpose,  the  sums  received  by  him  for  taxes, 
and  at  the  expiration  of  the  office  hours  for 
each  day,  and  before  3 o’clock  thereof,  shall 
render  a statement  of  the  same  to  tho  cham- 
berlain and  at  tho  same  time  on  each  day  pay  i 


over  to  the  said  chamberlain  the  amount  re- 
ceived oil  such  day;  he  shall  also  thereupon 
receive  from  the  said  chamberlain  a voucher 
for  the  payment  of  such  sums,  which  he  shall 
forthwith,  on  the  same  day,  exhibit  to  the 
controller  of  the  said  city.  But  the  duty  by 
this  section  imposed  may,  in  respect  to  the 
borough  of  Brooklyn,  be  discharged  by  the 
deputy  receiver  of  taxes  and  the  deputy  cham- 
berlain located  in  the  borough  of  Brooklyn, 
and  likewise  by  similar  deputy  officers  for 
the  borough  of  the  Bronx,  the  borough  of 
Queens,  and  the  borough  of  Richmond. 

Receiver’s  account  of  taxes  received; 

how  to  be  kept. 

Sec.  923.  It  shall  be  the  duty  of^the  receiv- 
er, and  of  deputy  receivers,  from  time  to  time 
to  enter  in  a co'lumn,  to  be  made  for  that  pur- 
pose, upon  the  assessment  rolls  in  his  posses- 
sion, opposite  to  the  names  of  the  persons 
mentioned  therein,  and  who  shall  pay  their  tax 
as  aforesaid,  to  the  receiver  af  taxes,  person- 
ally or  by  deputy,  the  fact  of  such  payment, 
the  amount  thereof,  and  the  day  when  paid, 
and  to  enter  into  suitable  books,  to  be  kept 
for  that  purpose,  on  each  day  such  payment, 
and  the  names  of  the  parties  respectively  on 
whose  account  the  same  were  paid;  and  at  the 
expiration  of  the  office  hours,  and  on  the 
same  day,  he  shall  furnish  to  the  controller 
of  the  said  city,  personally  or  by  deputy,  a 
detailed  statement  of  such  sums  of  the 
borough  for  which  received,  and  the  names 
of  the  parties  respectively  on  whose  account 
the  same  have  been  paid,  which  shall  be  filed 
by  the  said  controller  in  his  office.  The  con- 
troller shall,  on  each  day,  immediately  after 
receiving  from  said  receiver  or  deputy  the 
statement,  compare  the  same  with  a voucher 
furnished  to  him  by  the  chamberlain  for  the 
payment  thereof  to  the  chamberlain,  and  if 
the  aggregate  amounts  thereof  shall  corre- 
spond, shall  credit  the  said  receiver  of  taxes 
in  his  book  with  such  amount. 

Penalty  for  failure  to  report  to  cham- 
berlain. 

Sec.  924.  If  the  receiver  of  taxes,  or  any 
deputy  receiver  shall  on  any  day  omit  or 
neglect  to  furnish  to  the  chamberlain  or  to 
the  controller,  respectively,  the  statements 
and  vouchers  required  by  law,  or  to  make 
the  dally  payments  hereinbefore  prescribed,  it 
shall  be  the  duty  of  the  controller  forthwith 
to  suspend  from  office  the  party  delinquent. 
In  case  of  such  suspension  the  controller  shall 
appoint  a suitable  person  to  perform  the  du- 
ties of  the  officer  so  suspended,  who  shall 
continue  to  act  as  such  officer,  with  all  the 
powers  conferred  upon  him  by  this  title,  until 
the  parties  suspended  shall  be  restored,  or 
another  person  shall  have  been  appointed. 
On  making  such  temporary  appointment  the 
controller  shall  be  required  to  take  from  the 
party  so  appointed  a bond,  with  two  sufficient 
sureties,  to  be  approved  by  the  chamberlain, 
and  filed  with  the  said  controller, in  such  penal 
sum  as  the  said  chamberlain  may  deem  just, 
conditioned  for  the  faithful  performance  of 
the  duties  of  the  office,  during  the  continuance 
of  the  person  so  appointed  therein,  and  all 
the  provisions  of  this  title  prescribing  the 
duties  of  the  receiver  of  taxes,  and  the  deputy 
receiver  shall  apply  to  the  person  or  persons 
so  appointe^d  in  their  stead''  by  the  control- 
ler. 

Froyision  in  case  of  sickness. 

Sec.  925.  In  case  of  inability  of  the  re- 
ceiver to  perform  the  duties  of  his  office  by 
reason  of  sickness  or  absence  from  the  city 
the  controller  shall  designate  some  suitable 
person  to  perform  the  duties  of  his  office  dur- 
ing such  inability  or  absence,  and  shall,  in  his 
discretion,  take  from  such  person  a bond. 


I 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


0.3 


with  sufficient  sureties,  in  the  manner  pre- 
scribed in  the  preceding  section. 

Collection  of  nnpaid  personal  tax  by 

distress  and  sale. 

Sec.  92G.  It  shall  be  lawful  ^for  the  said  re- 
ceiver, if  any  tax  for  personal  property  and 
the  interest  thereon,  as  hereinbefore  provided, 
shall  remain  unpaid  on  the  fifteenth  day  of 
the  month  of  January,  succeeding  the  receipt 
by  him  of  the  rolls,  to  issue  his  warrant 
under  his  hand  and  seal  directed  to  any 
marshal  commanding  him  to  levy  the 
said  tax,  with  interest  thereon  at  the 
rate  of  seven  per  centum  per  annum  from 
the  day  of  the  delivering  of  the  as- 
sessment rolls  and  warrants  to  the  said 
receiver  to  the  time  when  the  same  shall  be 
paid  by  distress  and  sale  of  the  goods  and 
chattels  of  the  person  against  whom  the  said 
warrant  shall  be  issued,  or  of  any  goods  and 
chattels  in  his  or  her  possession,  whereso- 
ever the  same  shall  be  found  within  the  said 
city,  and  to  pay  the  same  to  the  said  receiver 
and  return  such  warrant  within  thirty  days 
after  the  date  thereof.  For  the  purposes  of 
this  section  the  jurisdiction  of  the  marshal  is 
co-extensive  with  the  city  of  New  York. 
The  controller  of  the  city  of  New  York,  how- 
ever, may  from  time  to  time,  as  may  be  neces- 
sary to  insure  prompt  collection  of  said  tax, 
extend  or  renew  such  warrant,  but  no  single 
extension  or  renewal  thereof  shall  in  any 
event  exceed  sixty  days. 

Id.;  may  add  costs  of  distress  and  sale. 

Sec.  927.  In  all  cases  where  the  said  receiver 
shall  proceed  by  distress  and  sale  of  the  goods 
and  chattels  of  any  person  for  the  payment  of 
any  tax  due  and  payable,  it  shall  be  lawful 
for  him  to  authorize  and  empower  the  officer 
making  such  distress  and  sale  to  collect,  in 
addition  to  the  tax  and  the  interest  thereon, 
the  costs  of  such  distress  and  sale,  which 
costs  ,4iall  be  in  addition  to  any  disbursements 
five  cents  for  every  dollar  collected  to  the 
amount  of  one  hundred  dollars,  and  two  and 
one-half  cents  for  every  dollar  collected  over 
one  hundred  dollars. 

Id.;  sale  to  be  advertised. 

Sec.  928.  The  marshal  to  whom  a warrant 
for  the  collection  of  any  tax  is  issued  shall 
give  public  notice  at  the  time  and  place  of 
sale  of  any  property  distrained  by  virtue 
thereof,  and  of  the  property  to  be  sold,  at 
least  six  days  previous  to  the  sale,  by  adver- 
tisements to  be  posted  up  in  at  least  three 
public  places  in  the  ward  where  such  sale 
shall  be  made.  The  sale  shall  be  by  public 
auction. 

Id.;  disposition  of  surplus. 

Sec.  929.  If  the  property  distrained  shall 
be  sold  for  more  than  the  amount  of  the  tax, 
the  surplus  shall  be  returned  to  the  person 
in  whose  possetsion  such  property  was  when 
the  distiess  was  made,  if  no  claim  be  made 
to  such  surplus  by  any  other  person.  If  any 
other  person  shall  claim  such  surplus,  on  the 
ground  that  the  property  sold  belonged  to  him 
and  such  claim  be  admitted  by  the  person  for 
whose  tax  the  same  was  distrained,  the  sur- 
plus shall  be  paid  to  such  owner;  but  if  such 
claim  be  contested  by  the  person  for  whose 
tax  the  property  was  distrained,  the  surplus 
moneys  shall  be  retained  by  the  said  marshal 
until  the  rights  of  the  parties  shall  be 
judicially  determined. 

Enforcing  payment  of  personal  taxes; 
tine  may  be  imposed. 

Sec.  930.  In  case  of  the  refusal  or  neglect 
of  any  person  to  pay  any  tax  imposed  on  him 
for  personal  property,  if  there  be  no  goods 
or  chattefls  in  his  possession  upon  which  the 
same  may  be  levied  by  distress  and  sale  ac- 
cording to  law,  and  if  the  value  of  the  proper- 


ty assessed  ^all  be  the  sum  of  one  thousand 
dollars,  the  said  receiver,  if  he  has  reason  to 
believe  that  the  person  taxed  has  debts,  cred- 
its, choses  in  action,  or  other  personal  proper- 
ty not  taxed  elsewhere  in  this  state,  and 
upon  which  the  levy  cannot  be  made  accord- 
ing to  law,  may  thereupon,  in  his  discretion, 
make  application  to  the  supreme  court,  within 
one  year  from  the  date  of  the  return  of  the 
warrant  by  the  marshal,  to  enforce  the 
payment  of  such  tax.  The  court  may  im- 
pose a fine  for  the  misconduct  mentioned 
in  this  section,  sufficient  in  amount  for  the 
payment  of  the  tax  assessed,  and  ten  dollars, 
costs  of  motion,  together  with  expenses  of  the 
proceedings  authorized  by  this  title,  to  en- 
force such  payment  or  to  punish  such  mis- 
conduct; and  the  amount  of  such  tax  shall  be 
paid  out  of  such  fine  to  the  said  receiver, 
who  shall  pay. over  the  same  in  like  manner 
as  the  tax  was  required  to  be  paid;  and 
costs  and  expenses  of  such  proceedings  shall 
be  paid  out  of  such  fine  to  the  said  receiver 
who  made  the  application  to  enforce  the  pay- 
ment of  the  tax. 

Id.;  order  fo  proseente;  when  operates 
as  assignment  of  bonds. 

Sec.  931.  Whenever  any  bond  taken  under 
the  proceedings  referred  to  in  the  last  preced- 
ing section  shall  be  ordered  to  be  prosecuted, 
such  order  shall  operate  as  an  assignment  of 
the  bond  to  the  said  receiver,  who  shall  be 
authorized  to  prosecute  the  same  in  any  court 
of  record,  in  his  name  as  such  receiver,  as  the 
assignee  of  the  officer  to  whom  the  bond 
was  given,  in  the  same  manner  as  in  other 
sections  on  bonds  with  conditions  to  perform 
covenants  other  than  for  the  payment  of 
money;  and  the  measure  of  damages  in  such 
action  shall  be  the  extent  of  such  tax,  and  the 
cost  and  expenses  of  the  proceedings  to  en- 
force the  payment  hereof,  and  shall  be  applied 
and  paid  in  like  manner  as  the  fine  men- 
tioned in  the  next  preceding  section  is  therein 
directed  to  be  applied  and  paid,  and  in  all 
such  actions,  if  the  plaintiff  recovers,  he  shall 
recover  all  costs  against  the  defendant. 

Id.;  cases  to  be  sent  to  corporation 
counsel. 

Sec.  932.  It  shall  be  the  duty  of  the  receiver 
of  taxes  to  send  or  cause  to  be  sent  to  the 
corporation  counsel,  monthly,  ail  cases  of 
personal  taxes  embraced  in  the  assessment 
rolls,  when  the  assessment  is  one  thousand 
dollars  or  more,  and  upon  which  a warrant 
to  any  of  the  marshals  of  said  city  has  been 
issued  and  unsatisfied  for  a period  of  sixty 
days,  or  returned  unsatisfied  in  whole  or  part, 
and  of  all  other  cases  of  personal  taxes,  ex- 
cept in  those  cases  where  the  controller  may 
extend  the  warrant,  when  application  to  any 
court  may  be  made  for  the  collection  of  the 
tax,  and  the  said  counsel  is  authorized  to 
make  requisitions  upon  the  said  receiver  fer 
all  such  cases. 

Id.;  duties  of  corporation  counsel.  ' 
Sec.  933.  The  corporation  counsel  shall  bo 
charged  with  the  prosecution  of  all  suits  or 
proceedings,  in  any  court  having  jurisdiction, 
for  the  collection  of  all  cases  of  personal 
taxes  sent  to  him  by  the  receiver  of 
taxes,  or  where,  by  any  law  of  this  state,  any 
suit  or  proceeding  may  be  instituted  by  such 
receiver,  or  any  marshal  acting  under  a tax 
warrant,  in  any  court  for  the  collection  of 
any  tax  for  personal  property,  and  shall,  sub- 
ject to  such  control,  act  as  counsel  to  the  re- 
ceiver of  taxes,  and  to  any  marshal  acting 
under  the  warrant  of  said  receiver  in  the 
collection  of  any  tax  for  personal  property. 

Court  to  dismiss  proceedings  if  satis- 
fied tliat  taxes  on  personal  i>ropertj- 
cannot  be  paid. 

Sec.  934.  The  court  in  which  any  proceed- 


ing may  be  commenced  to  enforce  the  pay- 
ment of  any  tax  for  personal  property  may 
dismiss  the  proceedings  absolutely  without 
costs,  or  conditionally,  upon  the  payment 
of  costs,  or  may,  on  the  facts,  in  Us  discretion, 
dismiss  such  procaedings  on  the  payment  of 
such  part  of  the  tax  and  costs  as  shall  be 
just,  in  any  case  w'lere  it  shall  be  satisfied 
that  the  person  or  persons  taxed  are  unable, 
for  want  of  property,  or  other  reason,  to  pay 
any  tax.  In  cases  where  any  proceedings 
shall  be  dismissed  under  this  section,  on  pay- 
ment of  a portion  of  the  cax,  a copy  of  the 
order  of  the  court  shall  be  filed  with  the  re- 
ceiver of  taxes,  and  a note  of  the  contents 
of  such  order  entered  ujton  the  assessment 
roll,  and  it  shall  be  the  duty  of  said  counsel 
to  report  all  casen  dismissed  on  account  of 
the  inability  of  the  person  to  pay  the  tax  to 
the  commissioner  of  taxes  and  assc.ssments, 
annually,  on  the  thirty-first  day  of  December 
in  each  year;  and  said  commissioner  is  here- 
by authorized  to  strike  the  names  of  all  such 
persons  from  the  assessment  rolls  for  the 
succeeding  year. 

Counsel  fo  keep  regi.ster,  etc. 

Sec.  935.  The  corporation  counsel  shall  keep, 
in  proper  books  to  be  provided  by  the  cor- 
poration of  said  city  for  that  purpose,  a 
register  of  all  actions  or  proceedings  prose- 
cuted, and  upon  the  expiration  of  his  term 
of  office,  or  his  resignation  thereof  or  re- 
moval therefrom,  the  corporation  counsel 
shall  deliver  to  his  successor  in  office  all 
books  and  papers  in  his  hands  belonging  to 
his  office,  or  delivered  to  him  by  the  receiver 
of  taxes,  or  any  marshal  of  said  city,  and  in 
any  way  connected  with  his  office,  or  any 
business  pertaining  thereto.  The  said  counsel 
or  any  marshal  shall  pay  over,  under  oath, 
to  the  receiver  of  taxes  of  said  city,  monthly, 
6r  oftener  if  required,  all  taxes  collected  by 
him. 

Receiver;  wlieu  may  sue  for  person ni 

taxes. 

Sec.  93fi.  Any  tax  duly  imposed  for  per- 
sonal propertjf  upon  any  person  or  corpora- 
tion in  the  city  of  New  York,  and  which 
shall  remain  unpaid  and  in  arrears  on  the 
fifteenth  day  of  January  succeeding  the  year 
in  which  it  shall  have  been  imposed,  may  be 
recovered,  with  interests  and  costs,  by  the 
receiver  of  taxes  of  said  city  in  the  name  of 
the  city,  in  an  action  in  any  court  of  record 
in  this  state. 

Unpairt  taxes  ami  assesments  levied 

prior  to  January  1st,  ISOS;  special 

provision. 

Sec.  937.  All  taxes  and  assessments  levied 
before  the  first  day  of  Jajiuary,  eighteen  hun- 
dred and  ninety-eight,  by  lawTul  authority, 
in  any  of  the  municipal  and  public  corporg,- 
tions  hereby  consolidated,  including  the 
counties  of  Kings  and  Richmond,  and  that 
part  of  the  county  of  Queens  included  wfith 
thff  city  of  New"  York,  as  hereby  constituted, 
and  which  shall  remain  due  and  unpaid  bn 
said  first  day  of  January,  eighteen  hundred 
and  ninety-eight,  shall  become  and  be  due 
and  payable  to  and  collectable  by  said  city, 
and  all  tax  and  assessment  lists  in  the  pos- 
session of  any  officer  of  any  of  said  muni- 
cipal and  public  corporations  and  counties,  on 
the  thirty-first  day  of  December,  eighteen 
hundred  and  ninety-seven,  shall  be  delivered 
to  the  comptroller  or  his  duly  authorized  rep- 
resentative on  or  Immediately  after  the  first 
day  of  January,  eighteen  hundred  and  ninety- 
eight.  All  such  lists,  except  those  of  the  bor- 
oughs of  Manhattan,  the  Bronx  and  Brook- 
lyn, shall  thereupon  be  ti’ausmitted  to  the  col- 
lector of  assessments  and  arrears  to  be  col- 
lected by  him  or  by  one  of  his  deputies  by 
suit  or  under  and  pursuant  to  the  law's  in 


94 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


force  when  the  said  taxes  were  levied,  or  in 
force  on  December  thirty-first, eighteen  hun- 
dred and  ninety-seven.  Taxes  on  real  estate 
and  w'ater  rents  in  the  boroughs  of  Manhat- 
tan and  the  Bronx  levied  prior  to  January 
first,  eighteen  hundred  and  ninety-eight,  shall 
be  collected  by  the  receiver  of  taxes  or  by 
one  of  his  deputies  in  the  same  manner  as 
heretofore  provided  therefor,  and  shall  be  pay- 
able in  the  office  of  the  said  receiver  of  taxes 
in  the  borough  of  Manhattan  until  June  first, 
eighteen  hundred  and  ninety-eight,  when  re- 
turn thereof  shall  be  made  as  provided  in 
section  one  thousand  and  twenty-three  of 
this  act.  Arrears  of  taxes  and  water  rents 
and  assessments  for  local  improvements  in 
the  borough  of  the  Bronx,  confirmed  prior  to 
January  first,  eighteen  hundi'ed  and  ninety- 
eight,  including  assessments  confirmed  by  a 
court  of  record,  shall  be  collected  by  the  col- 
lector of  assessments  and  arrears  at  his  of- 
fice in  the  borough  of  Manhattan  until  such  [ 
time  as  the  comptroller  shall  provide  for  the  I 
proper  collection  thereof  at  the  branch  office 
of  the  collector  of  assessments  and  arrears  in 
the  borough  of  the  Bronx.  Taxes  on  real  es- 
tate, water  rates  and  assessments  in  the  bor- 
ough of  Brooklyn  shall  be  collected  by  the 
receiver  of  taxes  of  the  city  of  New  York  or 
by  one  of  his  deputies  in  the  same  manner 
and  up  to  the  same  time  as  heretofore  pro- 
vided therefor  by  the  city  of  Brooklyn,  when 
return  thereof  shall  be  made  as  provided  in 
section  one  thousand  and  twenty-three  of  this 
act.  Taxes  on  personal  property  unpaid  on 
January  fifth,  eighteen  hundred  and  ninety- 
eight,  may  be  collected  as  elsewhere  provided 
in  this  act  for  the  collection  of  taxes  o-n  per- 
sonal property  in  the  city  of  New  York. 
£Thus  amended  by  Chapter  51s,  Laws  of 
1898.] 

TITLE  2. 

ASSESSMENTS  FOR  LOCAL  IMPROVE- 
MENTS OTHER  THAN  THOSE 
CONFIRMED  BY  A COCRT 
OF  RECORD. 

Asses-sment;  term  liow  construed. 

Section  942.  The  word  assessment,  wherever 
used  in  this  title  and  in  the  next  succeeding  I 
one,  shall  be  construed  to  mean  an  assessment 
for  any  local  improvement  which  may  be 
lawfully  confirmed  in  any  other  manner  than 
by  a court  of  record. 

Mayor  to  appoint  a board  of  asses.sors; 
salary;  subordinates. 

Sec.  943.  The  mayor  shall  appoint  five  per- 
sons, who  shall  constitute  the  board  of  asses- 
sors. The  salary  of  each  member  of  said 
board  shall  be  three  thousand  dollars  a year. 
The  said  board  shall  be  charged  with  the  duty 
of  making  all  assessments,  other  than  those 
required  by  law  to  be  confirmed  by  a court 
of  record,  for  local  improvements  for  which 
assessments  may  be  legally  imposed  in  “^ny 
part  of  the  city  of  New  York  as  hereby  con- 
stituted. The  said  board  shall  appoint  a sec- 
retary and  such  clerks  and  subordinates  as 
may  be  necessary,  and  shall  fix  their  salaries, 
not  exceeding  in  the  aggregate  the  appropria- 
tion made  for  such  purpose  in  the  final  esti- 
mate. 

The  secretary,  clerks  a.nd  subordinates  of 
the  board  of  assessors  of  the  mayor,  aider- 
men  and  commonalty  of  the  city  of  New  York 
shall  be  and  act  as  secretary,  clerks  and 
subordinates  of  the  board  of  assessors  herein 
provided  for  until  and  unless  they  shall  be  re- 
moved or  superseded  by  the  last  mentioned 
board  of  assessors. 

The  board  of  revision  of  assessments. 

Sec.  944.  The  controller,  corporation  coun- 
sel and  president  of  the  board  of  public  im- 


provements shall  constitute  the  board  of  fb'- 
vision  of  assessments.  The  said  board,  or  a 
majority  thereof,  shall  have  and  perform  all 
the  powers  and  duties  relative  to  the  revision, 
correction  and  confirmation  of  assessments 
specified  in  the  various  laws  and  ordinances 
relating  to  assessments  in  any  part  of  the 
city  of  New  York,  as  hereby  constituted, 
other  than  assessments  made  by  commis- 
sioners appointed  by  a court  of  record,  and 
other  than  these  confirmed  by  the  board  of 
assessors;  said  board  shall  have  power  to  con- 
sider, on  the  merits,  all  objections  made  to 
any  such  assessment,  and  to  subpena  and  ex- 
amine witnesses  in  relation  thereto,  and  to 
confirm  said  assessment,  or  to  refer  the  same 
back  to'  the  board  of  assessors  for  revisal  and 
correction  in  such  respects  as  it  may  deter- 
mine. The  revision  of  such  assessment  shall 
be  made  without  delay,  so  that  unless  the 
same  are  referred  back  for  revisal  and  cor- 
rection they  shall  be  confirmed  within  thirty 
days  from  the  time  they  shall,  respectively, 
be  presented  for  confirmation,  and  if  not  so 
confirmed  or  referred  back  they  shall  be 
deemed  to  be  confirmed  at  the  expiration  of 
thirty  days  from  the  time  they  shall  be,  re- 
spectively, so  presented  for  confirmation.  All 
such  assessments,  immediately  upon  con- 
firmation, shall  be  transmitted  to  the  con- 
troller for  entry  and  collection. 

Po'ivers  of  the  two  boards. 

Sec.  945.  In  addition  to  the  powers  herein 
specifically  conferred  upon  the  board  of  as- 
sessors and  the  board  of  revision,  the  said 
boards  shall  have  and  exercise,  as  to  the 
whole  territory  embraced  in  the  city  of  New 
York,  each  and  every  power  and  authority 
conferred  upon  and  exercised  by  the  board 
of  assessors,  and  the  board  of  revision  and 
correction  of  assessments,  respectively,  of  the 
corporation  heretofore  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New 
York. 

Certificates  on  which  asscssmeuts  are 

iiiatlc. 

Sec.  946.  All  assessments  shall  be  made  by 
the  board  of  assessors  on  the  following  cer- 
tificates, to  wit. : 

1.  The  officer  or  head  of  the  board  or  de- 
partment charged  with  the  execution  of  the 
work  in  question,  shall  certify  to  the  board  of 
assessors  the  total  amount  of  all  the  expenses 
which  shall  have  been  actually  incurred  by 
the  city  of  New  York  on  account  thereof. 

2.  The  controller  shall  certify  to  the  board 
of  assessors  the  amount  of  the  interest,  at  the 
legal  rate,  upon  the  several  installments  ad- 
vanced or  payments  made  on  account  of  such 
work,  from  the  time  of  such  payment  or  ad- 
vance, by  the  city,  to  a day  sixty  days  after 
the  date  of  such  certificate.  Thereafter  the 
board  of  assessors  shall  assess  upon  the  prop- 
erty benefited,  in  the  manner  authorized  by 
law,  the  aggregate  amount  of  such  certificates, 
or  such  proportion  thereof  as  is  authorized 
by  law,  and  the  said  board  shall  not  in  any 
way  be  enjoined,  restrained,  hindered  or  de- 
layed in  the  performance  of  this  duty,  provid- 
ed that  nothing  contained  in  this  section  shall 
be  construed  to  affect  the  powers  of  the  board 
of  revision  of  assessments. 

Assessment  not  to  exceed  oue-balf  the 

valuation. 

Sec.  947.  The  assessors  shall  in  no  case  as- 
sess any  house  or  iot,  improved  or  unimproved 
lands,  more  than  one-half  the  fair  value  of 
such  house,  lot,  improved  or  unimproved  lands. 

Assessment  for  repaving;  when  for- 
bidden. 

•‘Sec.  948.  Unless  it  shall  be  petitioned  for 
by  a majority  of  the  owners  of  the  property, 
on  the  line  of  the  proposed  improvemnt,  no 
assessment  shall  be  imposed  for  the  paving 


of  any  street,  or  any  portion  thereof,  which 
has  been  once  paved,  and  the  expense  there- 
of paid  by  the  owners  of  the  adjoining  pro- 
perty. [Thus  amended  by  Chapter  212,  Laws 
of  1899.] 

How  property  sliall  be  described  by 

tile  assessors. 

Sec.  949.  In  all  cases  the  assessors  shall 
describe  in  the  assessment  the  property  as- 
sessed by  the  same  ward  or  block  numbers 
or  other  designations  as  shall  be  used  to 
designate  the  said  property  on  the  tax  books 
of  the  city  of  New  York.  They  shall  also 
describe  the  houses  and  lots  assessed  by  their 
street  numbers,  if  any.  The  assessors  shall 
also  state  the  name  of  the  owner  or  owners 
and  occupant  or  occupants,  if  they  be  known 
to  the  assessors,  and  it  shall  be  their  duty 
to  ascertain,  as  far  as  may  be,  by  inquiry  from 
the  commissioners  of  taxes  and  assessments 
or  others,  such  ownership  and  occupation,  and 
such  commissioners  shall  afford  the  requisite 
information. 

Notice  of  completion  of  assessments  to 

be  given. 

Sec.  950.  It  shall  be  the  duty  of  the  board  of 
assessors,  when  it  has  completed  any  pro- 
posed assessment,  to  give  notice  of  the  fact 
and  that  it  is  proposed  to  lay  the  same  to 
the  owner  or  owners;  such  notice  shall  be 
published  daily  in  the  City  Record,  and  the 
coi'poration  newspapers,  for  at  least  ten 
days  successively.  The  notice  shall  de- 
scribe the  limits  within  which  it  is  proposed 
to  lay  the  said  assessment,  and  shall  contain 
a request  for  all  persons  whose  interests  may 
be  affected  thereby,  and  who  may  be  opposed  to 
the  same,  to  present  their  objections,  in  writ- 
ing, to  the  secretai'y  of  the  board  of  assessors 
within  thirty  days  from  the  date  of  such  no- 
tice, and  specifying  a time  and  place  after  the 
expiration  of  the  said  thirty  days  when  and 
where  the  said  objections  will  be  heard  and 
testimony  received  in  reference  thereto.  If, 
after  hearing  and  examining  such  objections 
and  testimony,  the  assessors  shall  not  deem 
it  proper  to  alter  their  assessment,  or  having 
altered  it  there  shall  still  be  objections  to  the 
same,  it  shali  be  their  duty  to  present  such 
objections  with  the  proposed  assessment  to 
the  board  of  revision  of  assessments. 

If  no  objections  shall  be  received,  or  if  the 
board  of  assessors  shall  alter  the  assessment 
so  as  to  satisfy  the  objectors,  said  board  shall 
forthwith  declare  the  said  assessment  con- 
firmed, and  shall  transmit  the  same  to  the 
controller  for  entry  and  collection. 

An  assessment  so  confirmed  shall  be  of  the 
same  force  and  effect  as  if  confirmed  by  the 
board  of  revision  of  assessments. 

Award  of  damages  for  changes  of 

grade;  liability  in  sucli  eases. 

Sec.  951.  All  cases  where  a change  of  grade 
of  any  street  or  avenue  ha^  been  made  prior 
to  the  taking  effect  of  this  act,  shall,  as  to 
the  liability  to  make  compensation  for  dam- 
ages caused  by  such  change  of  grade,  be 
governed  by  the  laws  in  force  at  the  time  such 
change  of  grade  was  made.  After  the  taking 
effect  of  this  act  there  shall  be  no  liability  to 
abutting  owners  for  originally  establishing 
a grade;  nor  any  liability  for  changing  a 
grade  once  established  by  lawful  authority, 
except  where  the  owner  of  the  abutting  prop- 
erty has  subsequently  to  such  establishment  of 
grade  built  upon  or  otherwise  improved  the 
property  in  conformity  with  such  established 
grade,  and  such  grade  is  changed  after  such 
buildings  or  improvements  have  been  made. 
In  such  cases  damages  occasioned  by  such 
change  of  grade  to  such  buildings  and  im- 
provements shall  be  ascertained  and  assessed 
in  connection  with  and  as  a part  of  the  e.x- 
penses  of  grading  or  otherwise  improving  the 
street  or  avenue  in  conformity  with  the  grade 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


95 


■ T 

as  changed.  A grade  shall  be  deemed  estab- 
lished by  lawful  authority  within  the  mean- 
ing of  this  section  where  it  was  originally 
adopted  hy  the  action  of  the  public  authori- 
ties, or  w'here  the  street  or  avenue  has  been 
use  by  the  public  as  of  right  for  twenty  years 
and  been  improved  by  the  public  authority  at 
the  expense  of  the  public  or  of  the  abutting 
owners. 

All  laws  inconsistent  herewith  are  hereby 
repealed. 

In  case  the  grade  of  any  such  street  shall 
be  changed,  and  the  same  shall  have  been 
regulated  and  graded  according  to  the  new 
grade,  after  the  certificate  of  the  cost  of  such 
regulating  and  grading  shall  have  been  re- 
ceived by  the  board  of  assessors,  it  shall  be 
the  duty  of  the  said  board  to  cause  to  be  pub- 
lished in  the  City  Record,  and  the  cor- 
poration newspapers,  for  at  least  ten 
days  successively,  a notice  which  shall  con- 
tain a request  for  all  persons  claiming  to 
have  been  injured  by  the  said  change  of  grade 
to  present,  in  writing,  to  the  secretary  of  the 
board  of  assessors,  their  claims,  specifying 
a place  where  and  a time  when  the  said 
board  will  receive  evidence  and  testimony  of 
the  nature  and  extent  of  such  injury. 

After  hearing  and  considering  the  said  tes- 
timony and  evidence  the  board  of  asses  — 
shall  make  such  awards  for  such  loss  and 
damage,  if  any,  as  it  may  deem  proper.  The 
amount  of  the  said  awards  shall  be  included 
In  the  assessment  for  the  regulating  and  grad- 
ing of  the  street  in  question,  as  a part  of  the 
expense  thereof,  and  the  said  award,  and  the 
proceedings  of  the  assessors  in  relation  there- 
to, shill  be  subject  to  review  by  the  board  of 
revision  of  assessments. 

Foregoing  section — liow  construed. 

Sec.  952.  The  foregoing  section  shall  not 
be  construed  to  authorize  the  making  of  an 
award  for  loss  or  damage  caused  by  change 
of  grade  in  any  case  in  which  an  award  could 
not  legally  be  made  under  laws  existing  im- 
mediately previous  to  the  passage  of  this  act, 
and  affecting  any  part  of  the  territory  of  the 
mayor,  aldermen  and  commonalty  of  the  city 
of  New  York  nor  shall  it  be  construed  to 
affect  the  powers  of  any  commission  acting 
under  any  laws  of  this  state. 

Awards — when  to  he  paid;  action  for 
defanit. 

Sec.  953.  The  city  of  New  York  shall,  with- 
in four  months  after  confirmation  of  any  as- 
sessment, including  awards  made  in  pur- 
suance of  the  last  section  but  one,  pay  to  the 
respective  parties  entitled  thereto  the  amount 
of  such  awards,  and  in  case  of  its  neglect  or 
failure  to  pay  the  same  at  the  expiration  of 
the  said  period,  and  after  ’-  — 'ind,  it  shall 
be  lawful  for  the  persons  entitled  to  the 
same  to  sue  for  and  recover  the  amount 
of  their  awards.  In  case  any  such  award  or 
compensation  shall  be  paid  to  any  person  not 
entitled  thereto,  when  the  same  ougt''  to 
have  been  paid  to  some  other  person,  it  shall 
be  lawful  for  the  person  to  whom  the  same 
ought  to  have  been  paid  to  sue  for  and  re- 
cover the  same  with  interest  and  costs,  as  so 
much  money  had  and  received  to  his  use 
by  the  person  or  persons  'pcf  . o'.y  to 
whom  the  same  shall  have  been  so  paid; 
provided  that  when  the  name  or  names  of  the 
owner  or  owners,  party  or  parties,  are  not 
set  forth  in  the  report  of  the  assessors,  or 
where  the  said  owners,  parties  or  persons  re- 
spectively being  named  therein  shall  be  in- 
sane, a married  woman,  under  the  age  of 
twenty-one  years,  or  absent  from  the  city, 
or  after  diligent  search  cannot  be  found,  or 
their  title  to  receive  such  awards  disputed. 
It  shall  be  lawful  for  the  city  of  New  York 


to  pay  the  sum  mentioned  in  said  report,  oi 
that  would  be  coming  to  such  owners,  parties 
and  persons  respectively,  to  the  chamberlain, 
to  be  secured,  disposed  of  and  invested  as  the 
supreme  court  shall  direct,  and  such  pay- 
ments shall  be  as  valid  and  effectual  in  all 
respects  as  if  made  to  the  said  owners,  par- 
ties and  persons  respectively  themselves,  ac- 
cording to  their  just  rights,  if  they  had  been 
known  and  had  been  persons  of  full  age, 
single  women  and  of  sound  mind. 

Assessments  for  tleepeniug  water  in 

v'loeks,  etc. 

Sec.  954.  The  expense  of  conforming  to  any 
order  or  direction  made  in  accordance  with 
section  832  of  this  act,  or  of  carrying  the 
same  into  effect,  shall  be  estimated  and  as- 
sessed by  the  board  of  assessors  upon  or 
among  the  owner  or  owners  of  any  or  every 
wharf,  pier,  dock,  bulkhead,  piece  of  land, 
water-right,  or  privilege,  near  or  adjacent  to 
w'hich  any  such  water  may  be  deepened,  and 
which  may  in  any  manner  be  benefited  there- 
by, in  proportion,  as  nearly  as  may  be,  to  the 
advantage  w’hich  each  shall  be  deemed  to 
acquire.  Every  such  estimate  and  assess- 
ment, after  confirmation,  shall  be  binding 
and  conclusive  upon  the  owners  thereby  as- 
sessed respectively,  and  shall  be  a lien*  or 
charge  upon  the  property  or  premises  in  re- 
spect to  which  the  same  may  have  been 
made. 

TITLE  3. 

VACATING  AND  MODIFYING  ASSESS- 
MENTS FOR  LOCAL  IMPROVEMENTS 
OTHER  THAN  THOSE  CONFIRM- 
ED BY'  A COURT  OF  RECORD. 
Remedies  limited. 

Sec.  958.  No  suit  or  action  in  the  nature  of  a 
bill  in  equity  or  otherwise  shall  be  com- 
menced for  the  vacation  of  any  assessment  in 
said  city,  or  to  remove  a cloud  upon  title;  but 
owners  of  property  shall  be  confined  to  their 
remedies  in  such  cases  to  the  proceedings  un- 
der this  title. 

Petition  to  tlie  supreme  court  in  case 

of  fraud  oi'  substantial  ei'i-or. 

Sec.  959.  If  in  the  proceedings  relative  to 
any  assessment  or  assessments  for  local  im- 
provements, or  in  the  proceedings  to  colleoi 
the  same,  any  fraud  or  substantial  error  shall 
be  alleged  to  have  been  committed,  the  party 
aggrieved  thereby  may  apply  to  a justice  of  the 
supreme  court  in  special  term  or  in  vacation, 
who  shall  thereupon,  upon  due  notice  to  the 
corporation  counsel,  proceed  forthwith  to 
hear  the  proofs  and  allegations  of  the  parties. 
If,  upon  such  hearing,  it  shall  appear  that  the 
alleged  fraud  or  substantial  error,  other  than 
such  errors  as  are  specified  in  the  next  section, 
has  been  committed  as  provided  in  this  title, 
the  said  assessment  shall  be  vacated  or  modi- 
fied, and  the  lien  created  thereby,  or  by  any 
subsequent  proceedings,  shall  cease.  If,  up- 
on such  hearing,  it  shall  appear  that,  by  rea- 
son of  any  alleged  Irregularity,  the  expense 
of  any  local  improvement  has  been  unlawfully 
increased,  the  judge  may  order  that  such  as- 
sessment upon  the  lands  of  said  aggrieved  par- 
ty be  modified  by  deducting  therefrom  such 
sum,asisin  thesameproportion  to  such  asses.s- 
ment  as  is  the  whole  amount  of  such  unlawful 
increase  to  the  whole  amount  of  the  expense 
of  such  local  improvement.  Any  order  that 
may  be  made  by  a justice  under  authority  of 
this  section  shall  be  filed  in  the  office  of  the 
county  clerk  of  the  county  in  which  the  lands 
are  situated,  and  after  the  filing  of  a certified 
copy  thereof  with  the  officer  having  charge  of 
I the  assessment,  it  shall  be  his  duty  to  cancel 


or  reduce  the  assessment,  as  required  by  the 
order,  or  do  any  other  act  required  thereby. 

A.s.'fo.ssmcnl.s  m>t  to  l>f  Net  aNide  for 
eertiiiii  irregiilaritieN  aud  teehnieal- 
itio.s.  i: 

Sec.  960.  No  assessment  heretofore  made  or 
imposed,  or  which  shall  hereafter  be  made  or 
imposed  for  any  local  improvement  or  other 
puDlic  work,  already  completed  or  now  being 
made  or  performed,  or  which  shall  hereafter 
be  made,  done  or  performed,  shall  hereafter 
be  vacated  or  set  aside  for  or  by  reason  of 
any  omission  to  advertise,  or  Irregularity  in 
advertising  any  ordinance,  resolution,  notice, 
or  o'ther  proceeding  relative  to  or  authorizing 
the  improvement  or  w'ork  for  w'hich  such 
assessment  shall  have  been  made  or  imposed 
or  for  proposals  to  do  the  work,  or  for  or  by 
reason  of  the  omission  of  any  officer  to  per- 
form any  duty  imposed  upon  him,  or  for  or  by 
reason  of  any  defect  in  the  authority  of  any 
department  or  officer  upon  whose  action  the 
assessment  shall  be  in  any  manner  or  to  any 
extent  dependent,  or  for  or  by  reason  of  any 
omission  to  comply  with  or  carry  out  any 
detail  of  any  law  or  ordinance,  or  for  or  by 
reason  of  any  irregularity  or  technicality, 
except  only  in  cases- in  which  fraud  shall  be 
show'll  and  in  case  of  an  assessment  for  re- 
paving any  street  or  public  place,  upon  prop- 
erty for  which  an  assessment  has  once  been 
paid  for  paving  the  same  street  or  public 
place;  and  all  property  in  said  city  benefited 
by  any  improvement  or  other  public  work 
already  completed,  or  now  being  made  or 
performed,  and  hereafter  made,  done  or  per- 
formed, except  as  aforesaid,  shall  be  liable 
to  assessment  for  such  improvement  or  work 
and  all  assessments  for  any  such  improve- 
ment or  other  public  work  shall  be  valid 
and  binding  notwithstanding  any  such  omis- 
sion, irregularity,  defect  in  authority  or  tech- 
nicality. No  assessment  shall  be  vacated  by 
reason  of  fraud  or  irregularity  in  the  pro- 
ceedings to  collect  the  same  by  sale  of  the 
assessed  premises;  but  upon  proof  of  such 
fraud  or  irregularity,  such  sale  shall  be  set 
aside  and  the  respective  rights  and  liabilities 
of  the  assessed  person  and  of  the  city  of 
New  York  shall  become  and  be  the  same  as 
if  such  sale  had  not  been  made. 

All  claims  may  be  eiiibracert  ii»  one 

ItvooecdiiiR'. 

Sec.  961.  Any  person  applying  for  relief, 
under  the  pirovisions  of  this  title,  may  em- 
brace in  one  proceeding  any  or  all  assess- 
ments for  local  improvements  in  w'hich  he  is 
interested. 

Powei'  of  ooai't  to  vacate  or  reclace  as- 

.Ne.ssmeiits  limited  and  qualified. 

Sec.  962.  No  court  shall  vacate  or  reduce  any 
assessment  in  fact  or  apparent,  whether  void 
or  voidable,  on  any  property  for  any  local  im- 
provement, otherwise  than  to  reduce  any  such 
assessment  to  the  extent  that  the  same  may 
be  S'hown  by  parties  complaining  thereof  to 
have  been  in  fact  increased  in  dollars  and 
cents  by  reason  of  fraud  or  substantial  error; 
and  in  no  ©vent  shall  that  proportion  of  any 
such  assessment,  which  is  equivalent  to  the 
fair  value  or  fair  cost  of  any  local  im- 
provement, w'ith  interest  at  the  rate  of  three 
per  centum  per  annum  from  the  date  of  con- 
firmation to  the  date  of  the  final  order  of  re- 
duction, and  seven  per  centum  thereafter,  be 
disturbed  for  any  cause. 

The  provisions  of  this  section  shall  apply 
to  actions  to  recover  money  paid  for  assess- 
ments, and  the  amount  recovered  shall  be 
limited  to  the  excess  over  the  fair  value  or 
fair  cost  of  the  improvement. 

Wbeu  i»roc-eeding;  to  vacate,  etc.,  to 

be  brousrlit. 

Sec.  963.  All  proceedings  to  vacate  or  re- 
i dnee  as.cessments  in  the  city  of  New  York 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


must  be  brought  within  one  year  after  the 
confirmation  thereof. 

Ile-asse.s»iiient. 

Sec.  964.  Any  lands  which  may  be  discharg- 
ed from  any  lien  for  an  assessment  for  any 
local  improvement  may  be  again  assessed,  in 
the  manner  provided  by  law,  for  such  amount 
as  would  have  been  justly  chargeable  if  fraud 
or  irregularity  had  not  been  committed;  and 
the  amount  so  assessed  shall  be  a lien  on 
said  lands  until  paid,  and  shall  be  collecta- 
ble in  the  manner  provided  by  law  for  the  col- 
lection of  assessments;  but  all  proceedings 
to  make  a new  assessment  shall  be  at  the 
expense  of  the  city. 

TITLE  4. 

OPEXING  STREETS  AXD  PARKS. 
Authority  to  open  .streets. 

Sec.  970.  The  city  of  New  York  is  authorized 
to  acquire  title  for  the  use  of  the  public  to  all 
or  any  of  the  laids  required  for  streets,  parks, 
approaches  to  bridges  and  tunnels,  sites  or 
lands  above  or  under  water  for  bridges  and 
tunnels,  and  sites  or  lands  above  or  under 
water,  for  all  improvements  of  the  navigation 
of  waters  within  or  separating  poirtions  of  the 
city  of  New  York,  or  of  the  water  fronts  of  the 
city  of  New  York  or  part  or  parts  thereof, 
heretofore  duly  laid  out  upon  the  map  o-r  plan 
of  -the  city  of  New  York,  of  the  City  of  Brook- 
lyn, of  Long  Island  City  or  of  any  of  the  ter- 
ritory by  this  act  consolidated  with  the  cor- 
poration heretofore  known  as  the  mayor,  al- 
dermen and  commonalty  of  the  city  of 
New  York,  or  hereafter  duly  laid  out  upcii 
the  map  or  plan  of  the  city  of  New  York,  as 
herein  constituted,  and  to  cause  the  same  to 
be  opened.  The  board  of  public  improvements 
is  authorized  to  direct  the  same  to  be  done 
whenever  and  as  often  as  it  shall  deem  it  for 
the  public  interests  so  to  do.  The  lands,  tene- 
ments and  hereditaments  that  may  be  required 
for  such  purposes  may  be  taken  therefor,  and 
compensation  and  recompense  made  to  the 
parties  and  persons,  if  any  such  there  shall  be, 
to  v/hc«n  the  loss  and  damage  thereby  shall  be 
deemed  to  exceed  the  benefit  and  advantage 
thereof,  for  the  excess  of  the  damage  over  and 
above  the  value  of  said  benefit. 

The  city  of  New  York  is  authorized  to  make 
application,  or  to  cause  application  to  be  made, 
to  the  supreme  court  of  this  state  in  the  first 
or  second  judicial  departments,  as  the  case 
may  be,  for  the  appointment  of  commissioners 
of  estimate  and  assessment  to  ascer'cain  and 
determine  the  compensation  and  recompense 
which  should  justly  be  made  to  the  respective 
owners,  lessees,  pa.rcies  and  persons  respect- 
ively entitled  unto  or  interested  in  the  lands, 
tenements,  hereditaments  and  premises,  pro- 
posed to  be  taken  for  any  of  the  purposes 
aforesaid,  and  to  assess  the  cost  of 
Euch  improvement,  or  such  propor- 
tion thereof  as  the  board  of  public 
improvements  directs,  upon  such  parties  and 
persons,  lands  and  tenements  as  may  be 
deemed  to  be  benefited  thereby.  Streets  or  por- 
tions thereof  which  are  continuations  of  each 
ether  in  the  same  general  direction  may  be 
embraced  in  the  same  proceeding.  The  mon- 
eys collected  upon  the  assessment  of  the  com- 
missioners of  estimate  and  assessment  shall  be 
paid  into  the  city  treasury.  The  damages 
awarded  by  the  commissioners  of  estimate 
and  assessment  shall  become  due  and  payable 
immediately  upon  the  confirmation  of  the  re- 
pon;  cf  s-aid  commissioners  of  estima'ce  and' 
assessment. 

Removal  of  bailclings. 

Sec  971.  The  board  of  public  improve- 
ments may  permit  any  building  which  shail 
be  either  partly  or  wholly  included  within  the 


limits  of  any  such  street,  or  park  laid  out  in 
the  said  city,  and  so  to  be  opened  as  afore- 
said, to  remain  unremoved  for  such  time  or 
times  as  they  shall  think  proper. 

Colnmbla  college,  St.  Jolin's  college 

and  Universit  j'  of  the  City  of  New 

York;  streets  not  to  he  opened 

tlirougrh  gironnds  of. 

Sec.  972.  It  shall  be  unlawful  to  open  any 
streets  through  the  grounds  belonging  to  the 
corporation  of  St  John’s  college,  in  its  actual 
occupation  at  what  was  formerly  known  as 
Fordham,  or  through  or  upon  any  part  of  the 
land  and  premises  now  owned  by  the  Univer- 
sity of  the  City  of  New  York,  extending  from 
Sedgwick  avenue  to  Aqueduct  avenue,  in  the 
city  of  New  York,  and  lying  immediately 
south  of  and  adjacent  to  One  Hundred  and 
Eighty-first  street,  sometimes  called  Univer- 
sity avenue,  so  long  as  the  same  shall  be 
owned  or  occupied  for  educational  purposes 
by  the  said  university;  provided,  however, 
that  nothing  in  this  section  contained  shall 
be  construed  to  interfere  with  the  opening 
of  One  Hundred  and  Eighty-first  street,  be- 
tween Andrews  avenue  and  Aqueduct  avenue, 
at  any  time  hereafter,  and  provided  that  the 
said  University  of  the  City  of  New  York 
shall  dedicate  without  claim  or  reward  for 
damages  all  of  the  land  required  for  East  One 
Hundred  and  Eighty-first  street,  between  An- 
drews avenue  and  Aqueduct  avenue.  No 
street  from  One  Hundred  and  Sixteenth  street 
to  One  Hundred  and  Twentieth  street,  or 
from  Amsterdam  avenue  to  the  Boulevard, 
shall  at  any  time  be  opened  through  the 
groundsi  of  Columbia  college,  so  long  as  such 
grounds  are  owned  or  occupied  for  educational 
purposes. 

Application  for  the  appointment  of 

eonimi.ssioner.>i. 

Sec.  973.  Whenever  the  opening  of  any 
street  shall  have  been  duly  authorized  and 
directed,  as  provided  in  this  act,  it  shall  be 
the  duty  of  the  corporation  counsel  immedi- 
ately to  institute  a proceeding  to  acquire  title 
for  the  use  of  the  public  to  the  land  required 
for  such  street,  and  upon  due  notice  by  ad- 
vertisement duly  published  in  the  City  Record 
and  the  corporation  newspapers  for  ten  days, 
and  by  causing  copies  of  the  same  in  hand- 
bills to  be  posted  for  the  same  space  of  time 
in  three  conspicuous  places  adjacent  to  the 
property  to  be  affected  by  the  intended  im- 
provement, to  make  application  to  the  su- 
preme court.  In  the  appropriate  department 
thereof  within  the  city,  and  in  the  manner 
appropriate  to  proceedings  for  the  appoint- 
ment of  commissioners  of  estimate  and  as- 
sessment, indicating  in  such  application  the 
land  required  for  that  purpose  by  reference 
to  the  maps  on  file  in  his  office. 

Upon  such  an  application  it  shall  be  law- 
ful for  the  said  court  to  nominate  and  appoint 
three  discreet  and  disinterested  persons,  be- 
ing citizens  of  the  United  States,  commis- 
sioners of  estimate  and  assessment  in  said 
pro'Oeeding,  for  the  performance  of  the  duties 
in  this  chapter  mentioned.  The  corporation 
counsel  may  nominate  three  discreet  and  dis- 
interested persons  to  said  court,  of  whom  it 
may  designate  one  who  may  be  appointed. 
.4ny  person  who  may  be  interested  in  the 
property  which  will  be  affected  by  the  intended 
improvement,  which  interest  for  this  purpose 
shall  be  decided  by  his  own  affidavit,  stating 
the  nature  and  extent  of  such  interest,  may 
present  to  the  court  the  name  of  one  or 
more  persons  whose  names  shall  form  a list 
out  of  which,  if  a majority  in  interest  of 
the  persons  so  interested  shall  agree  upon 
the  name  of  one  person,  that  person  may  he 
appointed;  but  if  a majority  shall  not  agree 
upon  one  person,  then  the  court  may  appoint 
one  person  out  of  the  names  on  such  list. 


after  which  the  said  court  may  appoint  a 
third  person  out  of  the  names  so  presented 
by  the  corporation  counsel  and  by  the 
parties  interested;  all  of  which  persons  so 
named  shall  be  subject  to  the  right  of  chal- 
lenge on  the  ground  oif  interest,  incapacity 
or  disqualification,  to  be  exercised  by  the 
co'rporation  counsel  or  by  any  person  having 
an  interest  in  the  said  proceedings;  and  if 
any  of  them  be  rejected  for  good  cause,  or 
refuse  to  serve,  then  another  may  be  nom- 
inated in  his  stead  by  the  same  party. 

AineiKl merits  of  <lefeot.s. 

Sec.  974.  Said  court  shall  have  power  at 
any  time  to  amend  any  defect  or  informality 
in  any  special  proceeding  authorized  by  this 
title,  that  may  be  necessary,  or  to  cause 
property  to  be  affected  thereby  to  be  excluded, 
or  other  property  to  be  included  therein  by 
amendment,  upon  ten  days’  notice  published 
and  posted  as  aforesaid,  and  to  direct  such 
further  notices  to  be  given  to  any  party  in 
interest  as  it  deems  proper,  and  also  to  ap- 
point other  commissioners  in  place  of  any 
who  shall  die,  or  refuse,  or  neglect  to  serve, 
or  be  incapable  of  serving,  or  be  removed. 
If,  in  any  particular,  it  shall,  at  any  time 
be  found  necessary  to  amend  any  petition, 
pleading,  proceeding  or  order,  or  to  supply 
any  defect  therein,  arising  in  the  course  of 
any  speoia!  proceeding  authorized  by  this 
title,  the  same  may  be  amended  or  supplied 
in  such  manner  as  shall  be  directed  by  the 
supreme  court,  which  is  hereby  authorized 
to  make  such  amendments  or  corrections. 

V'aeanoies  among-  commissionei’s;  liow 

filled. 

Sec.  975.  In  case  of  the  death,  resignation,  re- 
fusal to  act,  or  failure  to  qualify  within  ten 
days  after  his  appointment  of  any  such  npm- 
mi'isionei  of  estimate  and  assessment,  to  be 
appointed  under  and  by  virtue  cf  this  title, 
for  any  such  aforesaid  purpose,  it  shall  and 
may  be  lawful  for  the  court  aforesaid,  or  of 
any  of  the  justices  thereof,  on  the  application 
of  the  city,  on  notice  only  to  any  person  in- 
terested who  may  have  appeared  on  the  prior 
application,  as  often  as  such  event  shall  hap- 
pen, to  appoint  a discreet  and  disinterested 
person,  being  a citizen  of  the  United  States, 
in  the  place  and  stead  of  such  commissioner 
so  dying,  resigning,  refusing  to  act,  or  fail- 
ing to  qualify,  and  the  surviving  or  acting 
commissioners,  as  the  case  may  be,  shall  have 
power  to  proceed  in  the  execution  of  the  du- 
ties of  their  appointment,  until  a successor 
of  the  commissioner  so  dying,  resigning,  or 
refusing  to  act,  or  failing  to  qualify,  shall 
be  appointed. 

Two  eommissioaers  may  act. 

Sec.  976.  In  all  and  every  case  of  the  ap- 
pointment of  commissioners  by  the  court 
aforesaid,  for  any  of  the  purposes  aforesaid, 
it  shall  be  competent  and  lawful  for  any  two 
of  such  said  commissioners  so  to  he  appoint- 
ed, to  proceed  to  and  execute  and  perform  the 
trusts  and  duties  of  their  said  appointment, 
and  their  acts  shall  be  as  valid  and  effectual 
as  the  acts  of  all  the  commissioners  so  to  be 
appointed  for  such  said  purpose  if  they  had 
aoicd  therein  would  have  been.  In  all  cases 
the  acts,  decisions,  and  proceedings  of  the 
major  part  of  such  of  the  commissioners  to 
be  appointed  for  any  of  the  purposes  afore- 
said as  shall  be  acting  in  the  premises,  shall 
always  be  as  binding,  valid  and  effectual  as  if 
the  said  .commissioners  named  and  appoint- 
ed for  such  purpose  had  all  concurred  and 
joined  therein. 

Oath  ot  commissioner.s. 

Sec.  977.  Commissioners  when  they  are  ap- 
pointed and  before  they  enter  upon  the  rer- 
formance  of  the  duties  of  their  appointment. 


97 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


shall  severally  take  and  subscribe  before 
some  person  authorized  by  law  to  adminisier 
oaths,  the  following  oath  or  affirmation:  "I 
do  soiemuly  swear  (or  affirm)  that  I will 
support  the  constitution  of  the  United  States 
and  the  constitution  of  the  state  of  New  York, 
and  that  I will  faithfully  discharge  the  duties 
of  the  office  of  commissioner  according  to 
the  best  of  my  ability.”  Such  oath  or  af- 
firm.ation  shall  be  filed  in  the  office  of  the 
clerk  of  the  county  in  which  the  order  ap- 
pointing the  said  commissioners  has  been  en- 
tered. 

Commissioners  to  vievr  and  give  notice 

of  tlieir  appointment. 

Sec.  978.  It  shall  be  the  duty  of  the  said 
commissioners  when  appointed  in  a proceed- 
ing, to  view  the  lands,  tenements  and  prem- 
ises to  be  thereby  acquired,  and  lands,  tene- 
ments, herediitaments,  and  premises  adjacent 
therefo,  if  they  shall  deem  such  view  to  be 
necessary  or  useful.  They  shall  cause  to  be 
published  in  the  City  Record  notice  of  their 
appointment,  containing  a brief  statement  of 
the  purposes  for  which  they  have  been  ap- 
pointed, and  requiring  all  parties  and  persons 
interested  in  the  real  estate  taken  or  to  be 
taken  for  the  purpose  of  opening,  extending, 
enlarging,  straightening,  altering,  or  other- 
wise improving  the  said  street  or  park  af- 
fected thereby,  and  having  any  claim  or  de- 
mand on  account  thereof,  to  present  the  same 
to  them  duly  verified,  with  such  affidavit  or 
other  proof  as  the  owners  or  claimants  may 
desire,  within  twenty  days  after  the  date  of 
such  notice,  and  stating  a time  and  place  af- 
ter the  expiration  of  said  twenty  days  when 
the  said  parties  and  persons  shall  be  heard 
in  relation  thereto  by  the  said  commission- 
ers. At  the  time  and  place  fixed  by  said  no- 
tice, or  at  any  such  further  or  other  times 
and  places  as  the  said  commissioners  may  ap- 
point, the  said  commissioners  shall  hear  such 
owners  and  examine 'the  proof  of  such  claim- 
ant or  olaimants,  or  such  additional  proof  and 
allegations  as  may  then  be  offered  by  such 
owners,  or  on  behalf  of  the  city  of  New  York. 

Certain  powers  of  comini.ssioner.s. 

Sec.  979.  It  shall  be  lawful  for  the  commis- 
sioners of  estimate  and  assessment  duly  ap- 
pointed in  proceedings  authorized  by  this  ti- 
tle to  administer  oaths.  And  the  said  com- 
missioners may,  as  a condition  for  the  open- 
ing of  a default,  require  the  party  applying 
therefor  to  pay  the  fees  of  the  commission- 
ers, and  the  clerical  expenses  of  the  com- 
missioners for  the  additional  meeting  or 
meetings  of  the  commissioners  made 
necessary  by  the  fault  of  such  par- 
ty. They  shall  reduce  any  testimony 
taken  before  them  to  writing.  They  may 
cause  such  maps  or  diagrams  to  he  prepared, 
if  they  deem  the  same  necessary,  as  will  ena- 
ble or  assist  them  to  hear  and  determine  the 
claims  or  interests  of  the  said  owners  and 
persons  interested.  From  the  surveys  and 
maps  furnished  to  or  prepared  by  them  and 
such  other  information  as  the  said  commis- 
sioners shall  possess  or  obtain,  they  shall 
cause  diagrams  to  be  prepared  which  shall 
distinctly  indicate,  by  separate  numbers,  the 
names  of  the  owners  of  or  the  claimants  to 
the  respective  pints  or  parcels  of  land  to  be 
taken  or  assessed  by  such  proceeding,  and 
which  ehall  also  specify,  in  figures,  with  suf- 
ficient accuracy,  the  dimensions  and  hounds 
of  each  said  tracts  or  parcels. 

The  said  commissioners,  before  the  comple- 
tion of  their  estimate  and  assessments,  may 
obtain  from  the  city  of  New  York  a profile 
or  plan.  If  they  shall  deem  the  same  useful, 
showing  the  intended  regulation  of  the  street, 
or  part  of  a street,  with  regard  to  the  open- 


ing of  which  they  have  been  appointed,  as  to 
the  elevation  or  depression  thereof,  after  the 
same  shall  be  opfened,  extended,  enlarged, 
straightened,  altered,  or  otherwise  improved, 
as  the  case  may  be;  and  also  profiles  or  plans, 
if  they  shall  deem  the  same  u.seful,  show- 
ing the  intended  regulation  of  the  adjacent 
street  or  streets,  as  to  the  elevation  or  de- 
presision  thereof,  after  such  improvement. 

The  said  commissioners  may  require  any 
board,  department,  or  officer  of  the  city  of 
New  York  to  furnish  to  them  such  surveys 
and  maps  as  may  be  required  by  them. 

Commi-ssioners  to  ascertain  jlamages 
and  benefit. 

Sec.  980.  After  hearing  such  testimony  and 
considering  such  proofs  as  may  be  offered,  the 
commissioners,  or  a majority  of  chem.  all 
having  considered  the  same,  or  having  had  an 
opportunity  to  be  present,  shall,  without  un- 
necessary delay,  ascertain  and  estimate,  the 
compensation  w'hich  ought  justly  to  be  made 
by  the  ciU^  of  New  York  to  the  respective 
owners,  lessees,  parties  and  persons  respect- 
ively entitled  unto  or  interested  in  the  lands, 
tenements,  hereditaments  and  premises  so  re- 
quired for  the  improvement;  and  make  a 
just  and  equitable  estimate  and  assessment 
also  of  the  value  of  the  benefit  and  advantage 
of  such  improvement  to  the  respective  owners, 
lessees,  parties  and  persons  respectively  en- 
titled unto  or  interested  in  the  lands,  tene- 
ments, hereditaments  and  premises  not  re- 
quired for  the  said  improvement,  and  prepare 
an  abstract  of  their  estimate  and  assessment. 
They  shall  not,  in  making  their  estimate  and 
assessment  of  the  value  of  the  benefit  and 
advantage  of  the  said  improvement,  be  con- 
fined to  any  definite  limit,  but  shall  and  here- 
by are  authorized  to  extend  such  estimate  and 
assessment  to  any  and  ail  such  lands,  tene- 
ments and  hereditaments  and  premises  as 
they  may  deem  to  be  benefited  by  the  im- 
provement, and  which  they  may  judge  ex- 
pedient to  include  in  their  report  In  the  prem- 
ises. The  board  of  public  improvements  may 
in  any  case  determine  w'bether  any,  and,  if 
any,  what  proportion  of  the  cost  and  expense 
thereof  shall  be  borne  and  paid  by  the  city 
of  New  York,  and  the  remainder  of  such  cost 
and  expense  shall  be  assessed  upon  the  prop- 
erty deemed  to  be  benefited  thereby. 

The  said  commissioners  shall  In  no  case 
assess  any  house,  lot,  improved  or  unim- 
proved lands,  more  than  one-half  the  value  of 
such  house,  lot,  improved  or  unimproved 
land,  as  valued  by  them.  It  shall  be  lawful 
for  the  said  commissioners,  if  they  ishall  deem 
it  just  and  equitable  under  the  circumstances 
to  do  so,  but  not  otherwise,  to  assess  any 
part,  not  exceeding  one-third  part  of  the  esti- 
mated value  of  any  building  or  buildings 
taken  in  the  proceeding,  but  not  of  any  other 
improvement,  upon  the  city  of  New  York. 
If  the  said  commissioners  of  estimate  and 
assessment  shall  judge  that  any  Intended  regu- 
lation will  injure  any  building  or  buildings 
not  required  to  be  taken  for  the  purpose  of 
opening,  extending,  enlarging,  straightening, 
altering,  or  improving  such  street  or  part  of 
a street,  they  shall  proceed  to  make,  together 
with  the  other  estimates  and  assessments  re- 
quired by  law  to  be  made  by  them,  a just 
and  equitable  estimate  and  asse.ssmont  of  the 
loss  and  damage  w'hich  will  accrue,  by  and 
in  consequence  of  such  intended  regulation, 
to  the  respective  owners,  lessees,  parties  and 
persons,  respectively,  entitled  unto  or  In- 
terested in  the  said  building  or  buildings  so 
to  be  injured  by  the  said  intended  regulation; 
and  the  sums  or  estimates  of  compensation 
and  recompense  for  such  loss  and  damage 
shall  be  included  by  the  said  commissioners 


in  their  report  and  included  in  the  assess- 
ment for  benefit. 

Abstract  of  c.stimiife  ami  assess  iiieat 
to  be  clepositetl. 

Sec.  981.  The  said  commissioners  shall  de- 
posit in  the  bureau  of  street  openings  in  the 
law  department  their  said  abstract  of  their 
estimate  and  asse.ssment  at  lea.sL  thirty  days 
before  their  report  shall  be  presented  to  the 
court  for  confirmation,  which  abstract  shall 
be  accompanied  by  copies  of  the  diagrams 
used  by  them  and  which  shall  refer  to  the 
numbers  thereby  indicated,  and  state  the 
several  sums  respectively  estimated  for  or 
assessed  upon  each  of  said  parcels  with  the 
name  or  names,  claimant  or  claimants,  so  far 
as  ascertained  by  said  commissioners.  They 
shall  also  deposit  all  the  affidavits  and  proofs 
used  by  them  in  making  their  report.  They 
shall  also  publish  a notice  for  fifteen  days 
in  the  City  Record  and  in  the  corporation 
new'spapers,  and  when  authorized  pursuant 
to  this  act,  in  not  more  than  one  newspaper 
published  iu  the  borough  in  which  the  prop- 
erty is  located,  stating  their  intention  to  pre- 
sent thed#  report  for  confirmation  to  the  said 
court  at  a time  and  place  to  he  specified  in 
said  notice,  and  that  all  persons  interested 
in  such  proceedings  or  in  any  of  the  lands 
affected  thereby,  having  objections  thereto, 
shall  file  the  same,  in  writing,  duly  verified 
with  said  commissioners  wdthin  twenty  days 
after  the  first  publication  of  said  notice,  and 
that  the  said  commissioners  will  hear  parties 
so  objecting  at  a place  and  at  a time  after 
the  expiraJtJion  o^f  said  twenty  days,  to  he  spec- 
ified in  said  moftice.  Similar  notice  for  at 
least  ten  days  shall  he  given  of  any  new, 
supplemental  or  amended  abstract.  At  the 
time  and  place  named  in  said  notice  the  .said 
commissioners  shall  hear  the  person  or 
persons  who  have  o^bjected  to  the  said  ab- 
stract, a,nd  who  may  then  and  there  appear, 
and  shall  have  power  to  adjourn  from  time 
to  time  until  all  such  persons  shall  be  fully 
heard.  ' 

Ameiulmeait  of  abstract. 

Sec.  982.  It  shall  not  be  lawful  for  the  com- 
missioners of  estimate  and  assessment  to  alter 
or  amend  any  abstract  or  report,  or  supple- 
mental or  amended  abstract  or  report,  after 
the  same  shall  have  been  deposited  for  inspec- 
tion as  required  by  law,  by  increasing  the 
amount  of  any  assessment  for  benefit,  or  di- 
minishing any  award  for  damage,  unless  the 
person  or  persons,  party  or  parties,  affected 
by  such  increase  or  diminution  shall  have  had 
notice  thereof  and  an  opportunity  of  being 
heard  before  said  commissioners  before  their 
report)  shall  be  presented  to  the  court  for 
confirmation. 

Witness;  Iiov)-  compelletl  to  testify. 

Sec.  983.  Upon  the  application  of  any  person 
or  persons  whose  rights  may  bo  affected  by 
the  said  estimate  or  assessment,  verified  by^ 
the  oath  or  affirmation  of  such  applicant  or 
his  agent,  that  any  witness,  residing  or  being 
in  the  city  of  New  York,  whose  affidavit  to 
verify  or  oppose  any  objection  to  the  said 
estimate  or  assessment  is  material  or  neces- 
sary to  such  party,  refuses  voluntarily  to  ap- 
pear before  any  officer  authorized  to  take  such 
affidavit,  to  testify  on  affirm  to  such  matter 
as  he  may  know,  touching  such  objection,  any 
one  of  the  said  commissioners  of  estimate  and 
assessment  in  the  proceeding  may  issue  a sub- 
pena,  under  his  hand,  requiring  such  witness 
to  appear  and  testify  to  such  matters  as  he 
may  know  touching  the  said  estimate  or  as- 
sessment, at  such  time  and  place  as  the  said 
commissioner  may  designate  in  such  subpena. 
And  eveiT  person,  who,  being  served  with 
such  subpena,  shall,  without  reasonable  cause, 
refuse  or  neglect  to  appear,  or  appearing. 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


*hall  refuse  to  answer,  under  oatli  or  affirma- 
tion, touching  the  matters  aforesaid,  shall 
forfeit  to  the  party  injured  one  hundred  dol- 
lars; and  may  also  he  committed  to  prison  by 
any  justice  of  the  supreme  court  upon  applica- 
tion duly  made  on  behalf  of  the  commissioner 
who  issued  such  subpena,  there  to  remain, 
without  bail  and  without  the  liberties  of  the 
jail  until  he  shall  submit  to  answer,  under  oath 
or  affirmation  as  afore.said.  The  testimony 
of  such  witness  when  given  shall  be  reduced 
to  writing  in  the  presence  of  and  he  sworn 
or  affirmed  to  before  such  commissioner. 

Commis.siouers  to  pre.seut  report  to 

court. 

Sec.  984.  After  considering  the  objections,  if 
any,  and  malting  any  correction  or  alteration 
of  their  estimate  or  assessment,  which  said 
commissioners,  or  any  two‘  of  them  shall  find 
to  be  just  and  proper,  the  said  commissioners 
shall  file  the  said  report,  signed  by  them  or  a 
majority  of  them,  in  the  office  of  the  clerk  of 
the  county  where  the  lands  are  situated  at 
least  five  days  before  the  time  mentioned  in 
said  notice  for  the  presentation  of  said  (feport 
to  the  court  for  confirmation,  or  the  date  to 
which  the  same  shall  have  been  duly  ad- 
journed. The  said  commissioners,  or  any  per- 
son interested  in  said  proceeding,  shall  noti- 
fy the  corporation  counsel  and  all  persons  who 
have  filed  their  objections  as  aforesaid,  or  who 
have  theretofore  appeared  as  soon  as  the  said 
report  shall  have  been  filed.  The  corporation 
counsel  may  present  the  same  for  confirma- 
tion, or,  in  case  of  his  neglect  or  refusal,  any 
person  interested  in  the  lands  taken  or  re- 
quired for  said  improvement  may  present  the 
same,  upon  notice  to  the  corporation  counsel. 

Report;  wliat  to  contain. 

Sec.  985.  The  report  of  the  commissioners 
shall  consist  of  the  diagram  hereinbefore  re- 
ferred to,  duly  corrected,  when  necessary, 
with  a tabular  abstract  of  the  estimate  and 
assessment,  with  any  corrections  or  alterations 
thereof  by  said  commissioners,  showing  fuily 
and  separately  to  the  said  court  the  amount 
of  loss  and  damage,  and  of  benefit  and  advan- 
tage to  each  and  every  owner,  lessee,  party 
and  person  entitled  or  interested  in  any  lands, 
tenements,  hereditaments  or  premises  affected 
by  the  improvement.  In  said  report  the  com- 
missioners who  shall  make  the  same  shall  set 
forth  the  names  of  the  respective  owners,  les- 
sees, parties  and  persons  entitled  unto  or  in- 
terested in  the  said  lands,  tenements,  heredita- 
ments and  premises  mentioned  in  the  said  re- 
port, and  each  and  every  part  and  parcel  there- 
of, as  far  forth  as  the  same  shall  be  asceii- 
tained  by  them,  and  an  apt  and  sufficient  des- 
ignation or  description  of  the  respective  lots 
or  parcels  of  land  and  other  tenements,  hered- 
itaments and  premises  that  may  be  required 
for  the  purpose  of  opening  such  street  or  park, 
or  part  thereof  so  to  be  opened,  or  laying  out 
and  forming  or  extending  and  enlarging  or 
otherwise  improving  such  street  or  park  so 
to  be  laid  out  and  formed,  or  so  to  be  ex- 
tended, enlarged  or  otherwise  improved,  as 
the  case  may  be,  and  also  of  the  said  re- 
spective lots  or  parcels  of  land  and  other  ten- 
ements, hereditaments  and  premises  not  in- 
cluded within,  but  deemed  to  be  benefited  by 
the  same,  and  so  assessed  by  the  said  com- 
missioners for  the  said  benefit  as  aforesaid. 
It  shall  refer  to  the  number  of  the  tracts  and  | 
parcels  indicated  by  said  diagrams,  and  state  | 
the  several  sums  respectively  estimated  for  or  ■ 
assessed  upon  each  of  said  tracts  or  | 
parcels,  with  the  name  or  names  of  the  owners 
or  claimants  of  each,  if  ascertained  by  said 
commissioners.  Whenever  the  said  coirinis- 
sloners  shall  be  unable  to  ascertain  with  suf- 
ficient certainty  the  name  of  any  owner  of 
any  parcel  of  said  lands,  they  shall  indicate 


such  parcel  upon  the  diagram  embracing  it, 
as  belonging  to  unknown  owners.  It  shall 
not  be  necessary  In  said  report  to  describe  any 
of  the  said  tracts  or  parcels  by  metes  and 
bounds,  but  only  by  reference  to  the  sal4 
diagrams.  It  shall  also  set  forth  the  several 
and  respective  sums  estimated  and  assessed 
as  and  for  the  compensation  and  recompense 
or  the  allowance  to  be  made  for  the  loss  and 
damage,  or  for  the  benefit,  as  the  case' may  be, 
of  the  respective  owners  of  the  fee  or  inherit- 
ance of  such  lands,  tenements,  hereditaments 
and  premises  respectively,  and  for  the  loss  and 
damage,  or  for  the  benefit,  as  the  case  may 
be,  of  the  respective  owners  of  the  leasehold 
estates  or  either  interest  therein  separately; 
but  in  all,  and  each  and  every  case  and  cases 
where  the  owners  and  parties  interested,  or 
their  respective  estates  and  interest  are  i.n- 
known,  or  not  fully  known  to  the  said  com- 
missioners, it  shall  be  sufficient  for  them  to 
estimate  and  assess  and  to  set  forth  and  state  in 
their  said  report,  In  general  terms,  the  respective 
sums  to  be  allowed  and  paid  to  or  by  the  own- 
ers and  proprietors  generally  of  such  said 
lands,  tenements,  hereditaments  and  premises, 
and  parties  interested  therein  for  the  loss  and 
damage,  or  for  the  benefit  and  advantage, 
as  the  case  may  be,  to  such  owners,  proprietors 
and  parties  interested  in  respect  of  the  whole 
estate  and  interest  of  whomsoever  may  be 
entitled  to,  unto  or  interested  in  the  said 
lands,  tenements,  hereditaments  and  premises, 
respectively,  by  and  in  consequence  of  the  said 
operation  and  improvement  of  opening,  lay- 
ing out  and  forming  or  extending,  en- 
larging or  otherwise  improving  the  said  street 
or  park  or  section  thereof  so  to  be  opened  or 
so  to  be  laid  out  and  formed  or-  extended, 
enlarged  or  otherwise  improved,  as  the  case 
may  be,  without  specifying  the  names  of  the 
estates  or  interests  of  such  owners  and  pro- 
prietors and  parties  interested,  or  of  any  or 
either  of  them.  Said  commissioners  of  esti- 
mate and  assessment  may,  in  their  discretion, 
or  when  required  by  the  board  of  public  im- 
provements make  up  and  file  a preliminary 
abstract  of  their  estimate  of  damages,  sepa- 
rate and  apart  from  their  estimate  of  assess- 
ments for  benefit,  embracing  either  the  entire 
lands,  tenements,  hereditaments  and  prem- 
ises to  be  acquired  or  successive  sections  or 
parcels  thereof,  and  ascertain  and  estimate 
the  compensation  to  be  made  thereon  and 
make  a separate  report  with  reference  there- 
to. Such  separate  or  partial  report  shall  be 
made  in  the  same  form  and  manner  and  such 
proceedings  shall  be  had  in  respect  thereto 
as  in  respect  to  the  report  of  the  commission- 
ers relative  to  the  entire  lands  taken  and 
assessed  as  herein  provided  for,  except  that 
the  final  or  last  separate  report  shall  contain 
the  assessment  for  benefit. 

Proceedings  upon  presentation  of  re- 

I»ort  for  eo!ifirmation. 

Sec.  986.  The  application  for  the  confirma- 
tion of  the  report  shall  be  made  to  the 
supreme  court  at  a term  thereof  held  within 
the  city  of  New  York  as  constituted  by  this 
act,  and  in  the  judicial  department  within 
which  the  lands  are  situated.  Upon  the 
coming  in  of  the  said  report,  signed 
by  the  said  commissioners,  or  any  two 
of  them,  and  upon  the  hearing  of  the 
application  for  the  confirmation  thereof,  if 
title  to  said  lands  shall  not  have  been  there- 
tofore vested  in  the  city  of  New  York,  or  if 
said  lands  are  not  being  condemned  for  a 
public  park,  parkway,,  public  square  or  place, 
and  if  persons  who  appear  by  the  said  report 
to  be  interested,  either  by  assessment  for 
benefit  or  award  for  damages,  to  the  amount 
of  a majority  in  amount  of  the  whole  as- 
sessments and  awards,  shall  appear  and  ob- 
ject to  further  proceedings  upon  the  said 


report,  the  court  shall  order  the  proceed- 
ing to  be  discontinued;  otherwise  the 
said  court  shall  by  rule  or  order,  after 
hearing  any  matter  which  may  be  alleged 
against  the  same,  either  confirm  the  said 
report  in  whole,  or  in  part,  or  refer  the 
same,  or  a part  thereof,  to  the  said  com- 
missioners for  revisal  and  correction,  or  to 
new'  commissioners,  to  be  appointed  by  the 
said  court  to  reconsider  the  subject  matter 
thereof,  and  the  said  commissioners  to  whom 
the  said  report  or  part  thereof  shall  be  so 
referred  shall  return  the  same  report  or 
such  part  thereof,  corrected  and  revised,  or 
a new  report  to  be  made  by  them  in  the 
premises  to  the  said  court  without  unneces- 
sary delay;  and  the  same  on  being  so  re- 
turned shall  be  confirmed  or  again  referred 
by  the  said  court  in  manner  aforesaid,  as 
right  and  justice  shall  require,  and  so  from 
time  to  time  until  a report  shall  be  made  or 
returned  in  the  premises,  which  the  said 
court  shall  wholly  confirm,  and  such  report, 
when  so  confirmed  by  the  said  court,  shall, 
unless  set  aside  or  reversed  on  appeal,  be 
final  and  conclusive,  as  well  upon  the  city  of 
New  York  as  upon  the  owners,  lessees,  per- 
sons and  parties  interested  and  entitled  unto 
the  lands,  tenements,  hereditaments  and 
premises  mentioned  in  the  said  report;  and 
also  upon  all  other  persons  w’homsoever. 
Duplioate  copies  of  report  to  l»e  filed. 

Sec.  987.  Duplicate  copies  of  said  report 
signed  by  the  said  commissioners,  or  any  two 
of  them,  shall  be  filed  by  the  corporation 
counsel  of  said  city,  one  in  the  office  of  the 
controller,  and  the  other  in  the  office  of  the 
clerk  of  the  supreme  court,  where  the  order 
confirming  said  report  is  entered. 

Appeals. 

Sec.  988.  The  city  of  Ne'w  York  or  any 
party  or  person  affected  by  the  said 
proceeding  and  aggrieved  by  the  said 
report  when  confirmed  as  aforesaid,  may  ap- 
peal to  the  appellate  division  of  the  said  court. 
Such  appeal  shall  be  taken  and  heard  in  the 
manner  provided  by  the  code  of  civil  proced- 
ure and  the  rules  and  practice  of  the  said 
court  in  relation  to  appeals  in  special  proceed- 
ings, and  such  appeal  shall  be  heard  and  de- 
termined by  such  appellate  division  upon  the 
merits  both  as  to  matters  of  law  and  fact. 
But  the  taking  of  an  appeal  by  any  person  or 
persons  shall  not  operate  to  stay  the  pro- 
ceedings under  this  act,  except  as  to  the  par- 
ticular parcel  of  real  estate  -with  which  the 
appeal  is  concerned;  and  the  order  confirming 
the  .said  report  shall  be  deemed  to  be  final  and 
conclusive  upon  all  parties  and  persons  affect- 
ed thereby  who  have  not  appealed.  Such  ap- 
peal shall  be  heard  upon  the  evidence  taken 
before  the  said  commissioners,  or  such  part  or 
portion  thereof  as  the  court  at  special  term 
may  certify,  or  the  parties  to  said  appeal  may 
agree  upon  as  sufficient  to  present  the  merits 
of  the  questions  in  respect  to  which  such  ap- 
peal shall  be  had,  and  on  affidavits  as  to  ir- 
regularities which  have  been  presented  to  the 
court  at  special  term  upon  the  coming  in  of 
such  report  of  said  commissioners.  When  an 
order  confirming  a report  shall  be  reversed 
upon  appeal,  the  commissioners  to  whom  such 
report  shall  be  referred  for  amendment,  cor- 
rection, or  revisai,  shall  have  power  to  make 
such  additional  asses'sment  as  may  be  neces- 
sary. 

Appeal  to  court  of  appeals  authorised. 

Sec.  989.  An  appeal  to  the  court  of  appeals 
! may  be  taken  by  the  city  or  any  person  or 
i party  interested  in  the  said  proceeding  and 
aggrieved  by  the  order  of  the  appellate  divi- 
sion. 

Such  appeal  may  be  taken  within  sixty  days 
and  heard  in  the  manner  provided  by  the  cod6 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


99 


of  civil  procedure  and  the  rules  and  practice 
of  the  court  of  appeals,  in  relation  to  appeals 
in  special  proceedings.  The  court  of  appeals 
may  afiirm  or  reverse  the  order  appealed  from, 
and  may  make  such  order  or  direction  as- shall 
be  appropriate  to  the  case,  whether  for  a re- 
hearing of  the  same  before  the  commission- 
ers, or  for  final  confirmation  of  the  report  or 
otherwise.  If  the  report  is  confirmed  the 
co'urt  of  appeals  shall  enter  a final  order  in 
the  proceedings  which  shall  be  binding  upon 
all  persons  having  any  interest  in  the  prop- 
erty or  franchises  condemned,  and  directing 
that  compensation  be  made,  pursuant  to  the 
determination  of  the  commissioners,  and  the 
city  shall  thereupon  be  entitled  to  take  and 
hold  forever  the  property  and  franchises  con- 
demned for  the  public  use.  Payment  of  the 
compensation  into  the  court  to  the  credit  of 
any  person  or  corporation  mentioned  in  said 
order,  in  case  tender  thereof  shall  have  been 
refused  by  such  person  or  corporation,  shall 
be  deemed  a payment  within  the  provisions  of 
this  act. 

Ve.sting-  of  title. 

Sec.  990.  Should  the  board  of  public  im- 
provements at  any  time  deem  it  for  the  pub- 
lic interest  that  the  title  to  the  lands  and 
premises  required  for  any  street  or  park 
heretofore  or  hereafter  laid  out,  widened,  al- 
tered, extended  or  otherwise  improved, 
should  be  acquired  by  the  city  of  New  York 
at  a fixed  or  specified  time  the  said  board  of 
public  improvements  may  direct,  by  resolu- 
tion, where  no  buildings  are  upon  such  lands, 
that  upon  the  date  of  the  filing  of  the  oath  of 
the  commissioners  of  estimate  and  assess- 
ment, as  provided  for  in  this  chapter,  or  up- 
on a specified  date  thereafter,  and  where 
there  are  buildings  upon  such  lands,  that  upon 
a date  not  less  than  six  months  from  the  date 
of  the  filing  of  said  oath,  the  title  to  any 
piece  or  parcel  of  land  lying  within  the  lines 
of  any  such  street  or  park,  shall  be  vested  in 
the  city  of  New  York.  Thereafter,  when  the 
said  commissioners  shall  have  taken  and  Sled 
said  oath,  upon  the  date  of  such  filing  or  upon 
such  subsequent  date  as  may  he  specified 
where  no  buildings  are  upon  such  lands,  and 
where  there  are  buildings  upon  such  lands 
upon  the  date  specified  by  said  board  of  pub- 
lic Improvements,  either  before  or  after  the 
filing  of  such  oath,  the  same  being  not  less 
than  six  months  from  the  date  of  said  filing, 
the  city  of  New  York  shall  become  and  be 
seized  in  fee  of  said  lands,  tenements  and 
hereditaments  in  the  said  resolution  mention- 
ed, that  shall  or  may  be  so  required  as  afore- 
said, the  same  to  be  held,  appropriated,  con- 
verted and  used  to  and  for  such  purpose  ac- 
cordingly, in  like  manner  as  are  other  public 
streets  and  parks,  respectively,  in  the  said 
city.  In  such  cases  interest  at  the  legal  race 
upon  the  sum  or  sums  to  which  the  owners, 
lessees,  parties  or  persons  are  justly  entitled 
upon  the  date  of  the  vesting  of  title  in  the 
city  of  New  York  as  aforesaid,  from  .said 
date  to  the  date  of  the  report  of  the  com- 
missioners shall  be  allowed  by  the  commis- 
sioners as  a part  of  the  compensation  to  which 
such  owners,  lessees,  parties  or  persons  are 
entitled.  In  all  other  cases,  title,  as  aforesaid, 
shall  vest  in  the  city  of  New  York  upon  the 
confirmation  by  the  court  of  the  report  of  the 
commissioners.  Upon  the  vesting  of  title  the 
city  of  New  York,  or  any  person  or  persons 
acting  under  its  authority,  may  immediately, 
or  at  any  time  thereafter,  take  possession  of 
the  6ame,  or  any  part  or  parts  thereof,  with- 
out any  suit  or  proceeding  at  lav/  for  that 
purpose. 

The  title  acquired  by  the  city  of  New  York 
to  lands  and  premises  required  for  a street 
shall  be  in  trust,  that  the  same  be  appropri- 
ated and  kept  open  lor,  or  as  part  of  a public 


street,  forever,  in  like  manner  as  the  other 
streets  in  the  city  are,  and  of  right  ought 
to  be.  The  title  acquired  by  the  city  of  Nev/' 
York  to  lands  and  premises  acquired  for  a 
park  shall  be  a fee  simple  absolute. 

Wifliin  Tvhat  time  proceedings  to  be 

completed;  removal  of  commis.sioiier.s 

Sec.  991.  The  commissioners  appointed,  in 
pursuance  of  this  title,  shall  complete  said 
proceedings  on  their  part  within  six  months 
from  the  time  of  their  appointment,  unless 
further  time  be  allowed  by  the  supreme  court. 
At  least  five  days’  notice  of  the  application 
for  such  extension  shall  be  given  by  the  cor- 
poration counsel  to  all  persons  who  have  ap- 
peared in  said  proceedings,  and  have  specially 
requested  that  notice  of  any  such  application 
be  served  upon  them.  Upon  such  application 
the  court  shall  have  power  to  make  such  order 
in  the  premises  in  respect  to  the  time  and  man- 
ner of  completing  the  report  of  said  commis- 
sioners, and  in  respect  to  the  taking  and 
submission  of  the  proofs  of  the  parties  inter- 
ested, as  will  enable  or  require  the  commis- 
sioners to  complete  said  proceeding  on  their 
part  with  reasonable  dispatch;  and  If  it  shall 
appear  that  the  said  proceeding  has  been  de- 
layed by  reason  of  the  inattention,  neglect  or 
refusal  of  said  commissioners,  or  any  of  them, 
to  act  or  attend,  or  of  the  failure  of  a majority 
of  them  to  agree  upon  a report,  the  court  may 
remove  the  commissioner  or  commissioners 
so  neglecting  or  refusing,  or  the  commission- 
ers failing  to  agree,  and  appoint  a suitable 
person  or  persons  in  his  or  their  place.  And 
the  said  court  may,  at  any  time,  remove  any 
of  said  commissioners  of  estimate  and  assess- 
ment who,  in  its  judgment,  shall  be  incapable 
of  serving,  or  who  shall,  for  any  reason,  in 
its  judgment,  be  an  unfit  person  to  serve  as 
such  commissioner.  The  cause  of  such  re- 
moval shall  be  specified  in  the  order  making 

the  same. 

• 

Owners  may  convey  to  the  city. 

Sec.  992.  The  owners  of  land  and  of  all 
real  estate  therein  embraced  within  the  lines 
of  any  street  laid  down  and  shown  on  the  map 
or  plan  of  the  city  of  New  York  and  compris- 
ing all  the  land  within  said  lines  in  an  entire 
block  in  extent,  may,  without  compensation, 
and  at  their  own  expense,  convey  all  their 
right,  title,  and  Interest  therein,  providing 
the  satne  shall  be  free  from  incumbrances  in- 
consistent with  the  title  to  be  acquired  by  the 
city,  to  the  city  of  New  York,  and  upon  the 
delivery  of  such  conveyances  to  the  corpora- 
tion counsel  of  said  city,  with  the  money 
necessary  to  record  such  conveyances,  and 
affidavits  made  by  all  such  owners  to  the  ef- 
fect that  the  persons  making  them  are  the 
owners  of  the  estates  in  such  lands  so  con- 
veyed by  them,  respectively,  and  stating  their 
interests,  and  that  such  estates  in  such  lands 
are  free  of  all  incumbrances,  except  as  afore- 
said, together  with  abstracts  of  title  and  com- 
plete searches,  if  desired  by  such  corporation 
counsel,  it  shall  be  the  duty  of  such  corpora- 
tion counsel  to  examine  such  conveyances  and 
papers,  and  if  such  titles  shall  not  be  rejected 
for  good  cause,  by  such  corporation  counsel, 
he  shall  cause  the  said  conveyances  to  be  re- 
corded in  the  office  in  which  conveyances  of 
real  estate  are  recorded  in  the  county  in 
which  such  lands  are  located,  within  sixty 
days  after  their  delivery  to  him,  and  file  them 
with  the  controller  of  such  city,  and  there- 
upon the  city  of  New  York  shall  become 
vested  with  the  title  to  said  lands  to  the  same 
effect  and  extent  as  if  they  had  been  acquired 
by  a proceeding  taken  for  the  opening  of  that 
portion  of  said  street;  after  the  making  and 
acceptance  of  such  conveyances,  no  proceed- 
ings to  open  the  lands  so  conveyed  shall  be 
taken  or  maintained,  nor  shall  the  lands 


fronting  on  that  portion  of  the  street  so  con- 
veyed, and  extending  to  the  center  of  the 
block  on  either  side  of  such  portion  of  said 
street  so  conveyed,  be  chargeable  with  any 
portion  of  the  expenses  of  opening  the  residue 
or  any  portion  of  the  residue  of  such  street, 
except  the  due  and  fair  proportion  of  the 
awards  that  may  be  made  for  buildings  as 
aforesaid. 

Subdivision  of  plots. 

Sec.  993.  If,  at  any  time  after  the  filing 
of  the  maps  showing  the  laying  out  of  streets 
by  proper  municipal  authority,  the  owner  or 
owners  of  any  plot  of  land  bounded  on  all 
sides  by  streets,  and  not  laid  out  as  and 
for  a public  square,  place  or  park,  shall  de- 
sire to  subdivide  such  plot  and  give  pubiic 
right  of  way  into  or  through  such  plot,  he, 
she  or  they  may  submit  two  sets  of  maps, 
plans  or  surveys  of  such  plot  and  of  such  pro- 
posed right  of  way,  show’ing  the  width,  which 
shail  not  be  less  than  thirty  feet,  and  the  lo- 
cation, extent  and  direction  of  the  same, 
and  the  proposed  grade  therefor,  to  the  board 
of  public  improvements,  for  approval,  and  if 
the  same  shali  be  approved  and  the  owner  or 
owners  aforesaid  shall  immediately  thereafter 
convey  in  such  form  as  shali  be  approved  by 
the  corporation  counsel,  the  title  to  the  land 
required  for  such  right  of  way,  free  and  clear 
from  all  incumbrances,  to  the  city  of  New 
York  in  trust  as  and  for  a public  street,  the 
same  shall  from  that  time  be  and  become  an 
opened  public  street,  the  same  as  if  it  had 
been  laid  out  and  opened  as  other  streets  are, 
or  ought  to  be,  and  the  maps,  pians  or  sur- 
veys thereof,  and  of  the  grades  therefor, 
aforesaid,  shall  immediately  thereafter  be  cer- 
tified by  the  city  clerk,  and  one  set  thereof 
shall  be  filed  in  and  remain  of  record  In  the 
office  in  which  conveyances  of  real  estate 
are  recorded  in  the  county  in  which  such  land 
is  located,  and  the  other  set  thereof  in  the 
office  of  the  corporation  counsel  of  said  city. 

City  may  as'ree  vvitli  owners. 

Sec.  994.  It  shall  be  lawful  for  the  city  at  any 
time  or  times,  either  before  cr  after  the  ap- 
pointment of  commissioners  in  the  premises, 
for  any  of  the  purposes  aforesaid,  to  agree 
with  the  owners,  lessees,  parties  or  persons 
entitled  unto  or  interested  in  the  lands,  tene- 
ments, hereditaments  and  premises,  that 
3itti8r  will  be  benefi'ced  by,  or  may  be  required 
for  cUe  purpose  of,  making  the  operation  and 
improvement  intended  to  be  made,  or  with  any 
or  with  either  of  such  owners  or  other  parties 
interested  therein,  for  and  about  the  cession 
of  the  lands,  tenements,  faereditaments  and 
premises  required  of  him,  tier  or  them,  re- 
fer and  about  the  compensation  and  recom- 
pense to  be  made  to  him,  her  cr  them,  for  tbe 
.same,  or  for  and  about  the  allowance,  or  sum  , 
or  sums  to  be  allowed  and  paid  by  such  owners 
I and  parties,  respectively,  or  by  any,  or  either, 
of  them,  for  the  benefit  and  advantage  of  the 
street  or  park  or  section  thereof  so  to  be 
opened,  or  laid  out  and  formed,  or  the  exten- 
sion, enlargement  or  other  improvement  of 
the  sHireec  or  park  so  to  be  extended,  enlarged 
or  otherwise  improved,  to  him,  her  cr  them, 
over  and  above  the  valxie  of  the  lands,  tene- 
ments, hereditaments,  and  precnises,  that  may 
be  required  if  any  lands,  tenements,  heredita- 
ments or  premises  shall  be  required  of  him, 
her  or  them,  for  the  purpose  of  opening,  lay- 
ing out,  and  forming  or  extending,  enlarging 
or  otherwise  improving  the  same,  end  in  case 
of  any  such  agreement  or  agreements,  with 
part  only  of  the  said  owners  and  parties  en- 
titled unto  and  interested  in  the  said  lands, 
tenements,  hereditaments  and  premises  so  re- 
quired for  the  purpose  of  making  any  such 
operation  and  improvement  as  aforesaid,  or 
to  be  benefited  thereby,  the  same  shall  b« 


100 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


valid  and  binding  upon  the  parties  thereto, 
and  the  said  commissioners  shall,  nevertlie- 
less,  enter  upon  and  make  or  proceed  with 
their  said  estimate  and  assessment,  and  make 
report  to  the  said  court,  as  to  the  residue  of 
the  said  lands,  tenements,  hereditaments  and 
premises  required  for  the  said  pur- 
pose of  making  such  said  operation  and 
improvement,  or  to  be  benefited  thereby,  con- 
cerning whicli  the  owners  thereof  and  pai'ties 
interested  therein  shall  not  agree;  and  the 
said  report,  when  confirmed,  shall  be  of  like 
force  and  effect  in  regard  to  ttie  matters  com- 
prised therein,  as  if  no  such  agreement  as  to 
the  part  of  the  premises  had  been  made. 

City  eiititlcul  to  coiiipciisation  and 

liable  to  asses.snient. 

Sec.  995.  If  any  lands,  tenements,  heredita- 
ments or  premises  belonging  to  the  city  of 
New  York,  or  wherein  it  may  be  interested, 
shall  be  required  for  any  of  the  purposes  afore- 
said, or  shall  be  benefited  by  any  such  opera- 
tion and  improvement  as  hereinbefore  men- 
tioned, the  city  shall  be  entitled  to  compen- 
sation and  recompense  for  the  loss  and  damage 
it  may  sustain,  and  shall  be  bound  to  allow 
and  pay  for  the  benefit  and  advantage  it  may 
be  deemed  to  acquire  thereby,  in  like  manner 
as  other  owners  and  proprietors  of  lands  and 
premises  required  for  the  purpose  of  making 
the  said  operation  and  improvement,  or 
deemed  to  be  benefited  thereby;  and  it  shall 
be  lawful  for  the  said  commissioners  of  esti- 
mate and  assessment,  and  they  are  hereby  di- 
rected in  such,  each  and  every  case,  to  esti- 
mate and  assess  upon  the  principles  and  in  the 
manner  herein  aforesaid;  and  to  report  the 
sum  01  sums  which,  in  their  opinion,  ought 
to  be  allowed  and  paid  to  or  by  the  city  for  the 
said  loss  and  damage,  or  for  the  said  benefit 
or  advantage,  as  the  case  may  be,  to  the  city, 
by  and  in  consequence  of  such  said  operation 
and  improvement  of  opening  the  said  street  or 
park,  or  section  thereof  so  to  be  opened,  or 
laying  out.  or  forming,  or  extending,  enlarg- 
ing, or  otherwise  improving  the  same,  so  to 
be  laid  out  and  formed,  or  extended,  enlarged 
OK  otherwise  improved  as  the  case  may  be.  It 
shall  not,  however,  be  lawful  to  lay  or  im- 
pose any  assessment  whatever  on  any  public 
park,  square  or  place,  or  street,  road  or  avenue, 
but  all  such  -assessments  which  may  be  prop- 
erly payable  by  the  city  shall  be  assessed 
against  it  in  a gross  sum  in  each  and  every  of 
such  proceedings. 

Contracts  of  landlord  anil  tenant;  liow 

affected. 

Sec.  996.  In  all  cases  where  the  whole  of 
any  lot  or  parcel  of  land  or  other  premises, 
under  lease  or  other  contract,  shall  be  taken 
for  any  of  the  purposes  aforesaid,  by  virtue 
of  this  ti'cle,  ail  the  covenants,  contracts  and 
engagements  between  landlord  and  tenant  or 
any  other  contracting  parties  touching  the 
same,  or  any  part  thereof,  shall,  upon  the 
vesting  of  the  title  in  the  city  of  New  York, 
cease  and  determine  and  be  absolutely  dis- 
charged; and  in  all  cases  where  part  only  of 
any  lot  or  parcel  of  land,  or  other  premises, 
•so  under  lease  or  other  contract,  shall  be  so 
taken  for  any  of  the  purposes  aforesaid,  all 
contracts  and  engagements  respecting  the 
same  shall,  upon  such  vesting  of  title,  cease, 
determine  and  be  absolutely  discharged  as  to 
the  part  thereof  so  taken,  but  shall  remain 
valid  and  ohligatory  as  to  the  residue  thereof, 
and  the  rents,  considerations  and  payments 
reserved  or  payable,  and  to  be  paid,  for  or 
in  respect  to  the  same,  shall  be  so  apportioned 
as  that  the  part  thereof  justly  and  equitably 
payable,  or  that  ought  to  be  paid,  for  such 
said  residue  thereof,  and  no  more  shall  be  de- 


manded or  paid,  or  recoverable,  for  or  in  re- 
spect of  the  same. 

Corpox-atioii  counsel  to  represent  in- 
tere.st.s  of  city  Iietore  eomiuissioner.s, 
anil  provide  clerks  and  otliees;  ex- 
penses. 

Sec.  997.  It  shall  be  the  duty  of  the  corpora- 
tion counsel  to  furnish  the  commissioners  of 
estimate  and  assessment  who  may  be  ap- 
pointed in  any  proceeding  to  open,  widen,  ex- 
tend, alter  or  close  any  street,  park  or  park- 
way in  said  city,  such  necessary  clerks  and 
other  employes,  and  to  provide  such  suitable 
offices  as  they  may  require  to  enable  them  to 
fully  and  satisfactorily  discharge  the  duties 
imposed  upon  them  by  this  chapter;  the  cor- 
poration counsel  shall,  either  in  person  or  by 
such  assistant  or  counsel  as  he  shall  desig- 
nate for  the  purpose,  appear  for  and  protect 
the  interests  of  the  city  in  all  proceedings 
in  court  and  before  the  commissioners.  All 
expenses-  for  searcher’s  or  surveyor’s  fees, 
and  such  other  necessary  expenses  and  dis- 
bursements which  the  city  of  New  York  shall 
incur  under  the  provisions  of  this  section 
shall  be  paid  by  the  controller  out  of  the 
fund  for  street  and  park  openings,  provided 
for  by  existing  laws,  and  shall  be  borne  and 
reimbursed  and  paid  to  the  city  of  New  York 
by  the  parties  and  persons  interested  and  en- 
titled, as  owners  or  otherwise,  unto  and  in 
the  lands,  tenements,  hereditaments  and 
premises  deemed  to  be  benefited  thereby, 
and  the  same  shall  be  included  in  and  taxed 
by  che  court,  upon  due  proof  of  the  services 
rendered,  and  disbursements  charged  as  part 
of  the  necessary  costs  and  expenses  of  the 
said  proceedings;  hue  such  expenses  and  dis- 
bursements shall  not  be  included  in -theassess- 
ments  for  benefit  until  after  they  have  been 
taxed  before  a justice  of  the  supreme  court, 
in  the  appropriate  department. 

Other  costs  and  cliai-ses* 

Sec.  998.  Except  as  hereinbefore  otherwise 
provided,  no  costs  or  charges  of  the  said  com- 
missioners or  others  shall  be  paid  or  allowed 
for  any  service  performed  under  this  title, 
unless  the  same  shall  be  taxed  by  the  said 
court  after  notice  given  as  provided  in  the 
following  section.  Upon  such  taxation,  due 
proof  of  the  nature  and  extent  of  the  services 
rendered  and  disbursements  charged  shall  be 
furnished,  and  no  unnecessary  cost  or  charges 
shall  be  allowed.  Each  of  the  commissioners 
of  estimate  and  assessment  shall  receive  six 
dollars  for  each  day  upon  which  the  said 
commissioners  shall  meet  and  be  actually  and 
necessarily  employed  in  the  performance  of 
the  duties  imposed  upon  them  by  this  act. 
All  such  costs,  fees  and  expenses  or  disburse- 
ments, which  by  law  are  required  to  be  taxed 
as  in  this  chapter  provided,  shall  be  stated  in 
detail  in  the  bill  of  costs  and  charges  and  ex- 
penses, and  shall  be  accompanied  by  such 
proof  of  the  reasonableness  and  necessity 
thereof,  as  is  now  required  by  law  and  the 
practice  of  the  said  court  upon  taxation  of 
costs  and  disbursements  in  other  special  pro- 
ceedings or  actions  in  said  court;  provided, 
however,  that  in  any  proceeding  of  an  un-' 
usually  difficult  or  extraordinary  character, 
the  said  court,  may,  upon  taxing  said  costs 
or  expenses,  make  such  additional  allowances 
to  the  said  commissioners  as  may  to  it  appear 
just  and  equitable,  upon  such  proof  as  may 
be  submitted  of  the  nature  and  extent  of  the 
services  rendered  by  said  commissioners. 

Taxation  of  costs. 

Sec.  999.  A bill  of  said  costs,  charges  and 
expenses  shall  be  filed  in  the  office  of  the  clerk 
of  the  county  in  which  the  order  appointing 
the  said  commissioners  has  been  entered,  at 
least  ten  days  before  the  same  shall  be  pre- 
sented for-  taxation.  There  shall  be  annexed 
a statement  of  the  amounts,  if  any,  previously 


taxed,  to  whom  the  same  were  payable,  and 
the  date  of  such  taxation.  A notice  of  at 
least  ten  days  shall  be  published  in  the  City 
Record,  and  the  corporation  newspapers,  and 
served  upon  the  corporation  counsel,  of  the 
time  and  place  of  taxing  said  costs,  charges 
and  expenses,  which  shall  be  thereupon  taxed 
by  a justice  of  the  supreme  court,  or  a referee 
under  his  special  order,  and  before  the  re- 
port of  said  commissioners  shall  be  presented 
for  confirmation.  On  said  final  taxation 
there  may  be  a retaxation  of  any  bill  pre- 
viously taxed  in  the  same  proceeding,  if  suf- 
ficient reason  therefor  be  made  to  appear. 

lii.scontinuanoe  of  proceedings. 

Sec.  IjOOO.  The  board  of  public  improve- 
ments is  authorized  and  empowered  to  dis- 
continue any  and  all  legal  proceedings  taken 
for  opening,  widening,  straightening,  extend- 
ing, altering,  or  closing  streets  or  parks,  or 
parts  thereof,  at  any  time  before  title  to  the 
land’s  and  premises  to  be  thereby  acquired 
sh-all  have  vested  in  the  city  of  New  York,  if, 
in  its  opinion,  the  public  interest  requires 
such  discontinuance,  and  with  power  to  cause 
new  proceedings  to  be  taken  in  such  cases 
for  the  appointment  of  new  commissio-ners. 

Damages  for  land  taken;  when  to  he 

paid. 

Sec-.  1,001.  All  damages  awarded  by  the  com- 
missioners of  estimate  and  assessments  with 
interest  thereon  from  the  date  of  said  report, 
and  all  costs  or  expenses  which  may  be  taxed, 
shall  be  paid  by  the  city  of  New  York  to 
the  respective  persons  and  bodies  politic  or 
corporate  mentioned  or  referred  to  in  said  re- 
port, or  in  whose  favor  such  costs  or  ex- 
penses shall  be  taxed.  Interest  shall  cease 
to  run  on  sums  awarded  as  damages  six 
months  after  the  date  of  the  confirmation  of 
said  report  unless  within  that  time  demand 
therefor  be  made  upon  the  controller.  Said 
damages,  co’sts,  and  expenses  shall  be  paid 
from  the  fund  for  street  and  park  openings 
provided  for  in  this  act,  and  by  existing  laws. 
The  peNson  or  persons  to  whom  awards  shall 
be  made  in  such  proceedings,  and  the  person  or 
persons  in  whose  favor  costs  and  expenses  may 
be  taxed,  shall  not  have  been  an  action  at  law 
against  the  city  of  New  York  for  such  awards, 
costs,  or  expenses,  but  the  court  in  which  said 
proceedings  have  been  had,  upon  the  appli- 
cation of  any  such  person  or  persons,  in  case 
of  the  failure  of  the  controller  of  said  city  to 
pay  the  same  within  thirty  days  after  de- 
mand therefor,  shall  require  and  direct  the 
controller  to  pay  said  awards,  costs,  and  ex- 
penses from  the  said  fund,  and  enforce  said 
order  or  mandate  in  the  same  manner  as  other 
orders  and  mandates  of  said  court  are  en- 
forced. Provided,  however,  that  whenever 
the  amount  of  damages  awarded  in  any  re- 
port, together  with  the  costs  of  the  commis- 
sioners, shall  exceed  the  balance  remaining 
in  said  fund  after  deducting  all  outstanding 
claims  against  said  balance,  the  controller 
shall  and  he  is  hereby  authorized  to  raise,  by 
the  issue  and  sale  of  revenue  bonds,  such 
amounts  as  shall  be  necessary  to  pay  such 
damages,  costs,  and  expenses,  and  said  court, 
upon  the  application  of  any  person  or  persons 
in  whose  favor,  or  to  whom  awards  shall  be 
made  in  such  proceeding,  and  the  person  or 
persons  in  whose  favor  costs  and  expenses 
may  be  taxed,  may  require  or  direct  the  con- 
troller to  raise  the  money  necessary  to  enable 
him  to  pay  such  awards,  costs  and  expenses, 
and  from  such  fund  to  pay  the  same,  except 
that  when  any  sum  or  sums  shall  in  said 
report  be  made  to  unknown  owners,  the  su- 
preme court  shall,  upon  the  application  of 
said  city  of  New  York,  or  of  any  person  en- 
titled to,  or  claiming  to  be  interested  in  the 
lands,  tenements,  or  hereditaments  for  which 
said  ewards  have  been  made,  or  any  part  there- 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK.  101 


of,  either  direct  the  same  to  be  retained  by 
the  controller,  or  to  be  paid  into  the  supreme 
court,  until  the  title  thereto,  or  of  the  re- 
spective estates  and  interests  of  all  parties 
therein  shall  be  determined  by  said  court, 
and  upon  such  application,  the  said  court  may 
take  the  proof  and  testimony  of  the  claimant 
or  claimants,  or  parties  interested  in  the  lands 
for  which  said  awards  have  been  made,  or  re- 
fer the  matter  to  a referee  for  such  purpose. 

Moneys  of  persons  under  disability: 

how  disposed  of;  moneys  paid  to 

wrong  person. 

Sec.  1.002.  Whenever  the  owners  and  pro- 
prietors of  any  such  lands,  tenements,  heredi- 
taments and  premises  so  to  be  taken  tor  any 
of  the  purposes  aforesaid,  or  the  party  or 
parties,  person  or  persons  interested  therein, 
or  any,  or  edther  of  them,  the  said  owners, 
proprietors,  parties  or  persons  in  whose  favor 
any  such  sum  or  sums,  or  compensation  shall 
be  so  reported,  shall  be  under  the  age  of 
twenty-one  years,  non  compos  mentis,  femme 
covert,  or  absent  from  the  city  of  New  York, 
end  also  in  all  cases  where  the  name  or  names 
of  the  owner  or  owners,  parties  or  persons  en- 
titled unto  or  interested  in  any  lands,  tene- 
ments, hereditaments  or  premises  that  may  be 
so  taken  for  any  of  the  purposes  aforesaid, 
shall  not  be  set  forth  or  mentioned  in  the 
said  report,  or  where  the  sai-i  owners,  parties 
or  persons,  respectively,  being  named  therein, 
cannot  upon  diligent  inquiry  be  found,  it 
shall  be  lawful  for  the  city  to  pay  the  sum 
or  sums  mentioned  in  the  said  report,  payable, 
or  that  would  be  coming  to  such  owners,  pro- 
prietors, parties  and  persons,  respectively, 
into  the  said  supreme  court,  to  be  secured, 
disposed  of  and  invested  as  the  said  court 
shall  direct,  and  such  payment  shall  be  as 
valid  and  effectual,  in  all  respects,  as  if  made 
to  the  said  owners,  proprietors,  parties  and 
persons,  respectively,  themselves,  according 
to  their  just  rights,  as  if  they  had  been  known 
and  had  ali  been  present,  of  fuli  age,  discov- 
ert and  compO'S  mentis;  and,  provided  also, 
that  in  all  and  each  and  every  case  and 
cases  where  any  such  sum  or  sums,  or  com- 
pensations, so  to  be  reported  by  the  said  com- 
missioners in  favor  of  any  person  or  persons, 
or  party  or  parties  whatsoever,  whether  named 
or  not  named  in  the  said  report,  shall  be  paid 
to  any  person  or  persons,  or  party  or  parties 
whomsoever,  when  the  same  shall  of  right 
belong,  and  ought  to  have  been  paid,  to 
some  other  person  or  persons,  or  party  or 
parties,  it  shall  be  lawful  for  the  person  or 
persons,  or  party  or  parties,  to  whom  the 
same  ought  to  have  been  paid,  to  sue  for  and 
recover  the  same,  with  lawful  interest  and 
costs  of  suit,  as  so  much  money  had  and  re- 
ceived to  his,  her  or  their  use,  by  the  person 
or  persons,  party  or  parties,  respectively,  to 
whom  the  same  shall  have  been  so  paid. 

Sums  to  be  ectually  and  proportion*. 

ately  assessed. 

Sec.  1,003.  All  moneys  paid  under  the  pro- 
visions of  this  title  by  the  city,  except  such 
part  thereof  as  the  board  of  public  improve- 
ments shall  direct  to  be  borne  and  paid  by  the 
city  of  New  York,  shall  be  assessed  equally 
and  proportionately,  as  far  as  the  same  may 
be  practicable,  upon  the  lands  and  premises 
benefited  by  the  improvement,  and  shall  be 
a lien  and  charge  thereon,  and  shall  be  ap- 
plied, levied  and  collected  in  the  manner  pro- 
vided by  law  for  the  assessment,  levy  and 
collection  of  similar  expenses  and  disburse- 
ments for  the  reimbursement  of  the  citj 
treasury. 

Sums  assessed  to  be  liens. 

Sec.  1,004.  The  respective  sums  or  assess- 
ments so  to  be  assessed  and  reported  by  the 
•aid  commissioners  of  estimate  and  assess- 


ment, as  and  for  the  allowance  to  be  made 
by  the  parties  and  persons,  respectively,  in 
the  said  report  mentioned  or  referred  to,  and 
intended  as  owners  and  proprietors  of,  or 
parties  interested  in,  lands  and  premises 
deemed  to  be  benefited,  for  the  benefit  and 
advantage  of  the  street  or  park  or  section 
thereof,  or  of  the  extension,  enlargement,  or 
other  improvement  of  the  street  or  park 
mentioned  in  the  said  report,  shall  be  a lien 
or  charge  on  the  lands,  tenements,  heredita- 
ments, and  premises,  in  the  said  report  of  the 
said  commissioners  mentioned,  or  upon  the 
estate  and  interests  of  the  respective  owners, 
lessees,  and  parties  interested  in  such  said 
lands,  tenements,  hereditaments,  and  prom- 
ises for  or  on  account  of  which  the  said  re- 
spective sums  shall  be  so  assessed  by  the  said 
commissioners  upon  the  said  respective 
owners  and  proprietors  thereof,  or 
parties  interested  therein.  The  owners,  pro- 
prietors and  parties . Interested  therein,  and 
also  the  occupants,  and  each  and  every  of 
them,  shall,  moreover,  be  respectively  liable 
to  pay  on  demand  the  respective  sum  or  sums 
or  assessments  mentioned  in  the  said  report 
of  the  commissioners,  at  which  the  respective 
lands,  tenements,  hereditaments  and  premises 
so  owned  or  occupied  by  him,  her,  or  them, 
or  wherein  he,  she,  or  they  are  so  in- 
terested, or  at  which  the  owners  apd 
proprietors  thereof  shall  be  so  assessed,  ' to 
such  person  or  persons  as  the  city  shall  ap- 
point to  receive  the  same.  The  said  respect- 
ive sums  or  assessments,  with  interest  as  in 
this  act  prc”-ided,  may  be  recovered  with'  all 
costs  and  charges  by  the  city  from  and  against 
the  parties  assessed,  or  the  owner  or  owners 
of  the  respective  lands,  tenements,  heredita- 
ments and  premises  whereon  or  in  respect  of 
which  the  same  may  be  assessed,  or  set  forth 
in  the  said  report  of  the  commissioners,  or 
from  or  against  any  or  either  of  the  said 
I parties  or  owners,  without  joining  any  other 
or  others  of  them,  the  said  parties  or  owners 
therein,  action;  provided,  that  nothing 
herein  contained  shall  affect  any  agreement 
between  landlord  and  tenant,  or  any  other 
contracting  parties  respecting  the  payment  of 
any  such  assessment  or  charges,  but  they 
shall  he  answerable  to  each  other  in  the  same 
manner  as  if  the  provisions  in  this  title  con- 
tained concerning  the  same  had  never  been 
made;  and  if  any  money  so  to  be  assessed 
be  paid  by  or  collected  or  recovered  from  any 
person  'or  persons  when  by  agreement  or  by 
law  the  same  ought  to  have  been  borne  and 
paid  by  some  other  person  or  persons,  it 
shall  be  lawful  for  the  person  or  persons  pay- 
ing the  same,  or  from  whom  the  same  shall 
be  recovered,  by  suit  or  otherwise,  to  sue 
I for  and  recover  the  money  so  paid  by  or 
recovered  from  him  or  them,  with  interest 
and  costs,  as  so  much  money  paid  for  the 
use  of  the  person  or  persons  who  ought  to 
have  paid  the  same,  and  the  said  report  of 
the  commissioners,  with  proof  of  payment, 
shall  be  conclusive  evidence  in  such  suit. 

Controller  to  publish  notice  of  con- 
tirmntion  of  assessment,  etc. 

Sec.  1,005.  It  shall  be  the  duty  of  the  con- 
troller to  give  public  notice  by  advertise- 
ment for  at  least  ten  days  in  the  City 
Record,  and  the  corporation  newspapers, 
immediately  after  the  confirmation  of 
any  assessment  for  a street  or  park  open- 
ing, that  the  same  has  been  confirmed,  speci- 
fying the  title  of  such  assessment,  the  date 
of  its  confirmation  by  the  supreme  court, 
and  also  the  date  of  entry  in  the  record  of 
titles  of  assessment  kept  in  the  bureau  for 
the  collection  of  assessments  and  of  arrears 
of  taxes  and  assessments,  and  of  water  rents, 
notifying  all  persons,  owners  of  property 
affected  by  kny  such  assessment,  that,  un- 


less the  amount  assessed  for  benefit  on  any 
person  or  property  shall  be  paid  within  sixty 
days  after  the  date  of  said  entry  of  any  such 
assessment,  interest  shall  thereafter  be  col- 
lected thereon  as  provided  in  the  following 
section;  and  all  provisions  of  law  or  ordi- 
nance requiring  any  other  or  different  notice 
of  assessments  and  interest  thereon  are  re- 
pealed. 

Infere.st  if>  be  ebargert  if  not  paid  in 

sixty  days. 

Sec.  l.OOG.  If  any  such  asses.sment  shall  re- 
main unpaid  for  the  period  of  sixty  days  after 
the  date  of  entry  thereof  in  the  said  record  of 
titles  and  assessments,  it  shall  be  the  duty  of 
the  officer  authorized  to  collect  and  receive  the 
amount  of  such  assessment,  to  charge,  col- 
lect and  receive  interest  thereon,  at  the  rate 
of  7 per  centum  per  annum;  to  be  calculated 
from  the  date  of  such  entry  to  the  date  of  pay- 
ment. 

Interest  limited  to  excess  in  certain 

eases. 

See.  1,007.  Whenever  an  estimate  and  as- 
sessment for  loss  and  damage,  and  for  benefit 
and  advantage  shall  be  made  by  the  commis- 
sioners of  estimate  and  assessment  relative  to 
the  same  person  or  persons,  no  interest  shall 
be  demanded  from  such  person  or  persons  up- 
on the  amount  assessed  for  benefit  and  advan- 
tage, except  on  the  excess  of  the  amount  he  is 
to  pay  over  and  above  the  amount  he  is  to  re- 
ceive for  or  in  consequence  of  any  intervening 
time  between  the  period  fixed  for  the  receipt 
of  the  amount  of  benefit  and  advantage  and 
the  payments  of  the  amount  of  loss  and  dam- 
age. 

Notices  in  proceedings  to  oi»en  streets^ 

bow  pnblislied. 

Sec.  1,008.  Any  notice  now  required,  or  here- 
after to  be  required,  by  law  to  be  published 
in  any  proceeding  for  the  opening,  extending, 
widening  or  altering  any  street  or  park  in  said 
city,  shall  hereafter  be  published  in  the  City 
Record  and  the  corporation  newspapers.  When- 
ever handbills  now  or  hereafter  may  he  re- 
quired by  law  to  be  posted  in  any  such  pro- 
ceeding, they  shall  be  posted  or  affixed  with 
paste  or  other  adhesive  substance  in  three 
conspicuous  places  upon  or  near  the  lands  to 
be  taken  in  such  proceeding,  and  proof  of 
such  posting  shall  be  sufficient  evidence  with- 
out further  proof  of  said  notice  having  re- 
mained posted  during  the  whole  of  the  period 
required  by  law. 

Sec.  1,009.  Nothing  contained  in  title  3 of 
this  chapter  relating  to  the  vacating  and  reduc- 
tion of  assessments  shall  apply  to  assessments 
made  pursuant  to  this  title. 

Sec.  1,010.  Whenever  the  word  “street,” 
or  the  plural  thereof,  occurs  in  this  chapter, 
it  shall  be  deemed  to  include  all  that  is  in- 
cluded by  the  term  “street,  avenue,  road, 
alley,  lane,  highv/ay,  boulevard,  concourse, 
public  square  and  public  place,”  or  the  plu- 
rals thereof,  respectively. 

Sec.  1,011.  It  shall  be  the  duty  of  the  cor- 
poration counsel,  .within  ten  days  after  the 
entry  of  an  order  appointing  commissioners 
in  a proceeding  authorized  by  this  title,  to 
file  a copy  of  such  order  in  the  office  of  the 
register  or  county  clerk  of  the  county  in 
which  the  land  to  be  acquired  Is  located. 
There  shall  be  indorsed  upon  such  copy  or- 
der a reference  to  the  section  and  block 
or  the  sections  and  blocks  on  the  land  map 
of  such  county  which  include  the  land  to 
be  taken  by  such  proceeding  or  abut  there- 
on. The  register  or  county  clerk  with 
whom  such  copy  order  shall  be  filed  shall  in- 
dex in  the  index  of  conveyances  on  each 
block  so  indorsed  on  said  copy  order  a state* 


102 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


ment  giving  fhe  title  of  said  proceeding  and 
the  date  of  the  entry  of  said  order. 

TITLE  5. 

SALES  OP  LANDS  FOR  TAXES,  ASSESS- 
MENTS AND  WATER  RATES. 

Wlien  taxes  ami  water  rents  to  l>e  liens 

on  lands  assessed. 

See.  1,017.  All  taxes  and  all  a.seessments  for 
local  improvements  and  all  water  rents,  and 
the  interest  and  charges  thereon,  which  may. 
In  the  city  of  New  York,  as  by  this  act  con- 
stitutod,  hereafter  he  laid  or  may  have  here- 
tofore been  laid,  upon  any  real  estate  now 
in  said  city,  shall  continue  to  he,  until  paid, 
a lien  thereon,  and  shall  he  preferred  in  pay- 
ment to  all  other  charges.  No  assessments 
for  any  local  improvement  shall  be  deemed 
to  he  fulTy  confirmed,  so  as  to  he  due  and  be 
a lien  upon  the  property  included  in  the  as- 
sessment, until  the  title  thereof,  with  the 
date  of  confirmation  shall  be  entered  with 
the  date  of  such  entry,  in  a record  of  the  ti- 
tles of  assessments  confirmed,  to  be  kept  in 
the  office  of  the  collector  of  assessments  and 
arrears. 

Coiiti’oller  to  ijxihlisli  notice  of  eon- 

lirniatioii  of  assessments. 

Sec.  1,018.  It  shall  be  the  duty  of  the  con- 
troller to  give  public  notice,  by  advertise- 
ment, for  at  least  ten  days,  in  the  City  Rec- 
ord and  the  corporation  newspapers,  duly 
designated  for  any  borough,  in  which  the 
property  is  situated,  immediately  after  the 
confirmation  of  any  assessment,  for  a local 
improvement,  that  the  same  has  been  con- 
firmed, specifying  the  title  of  such  asses, s- 
ment,  and  the  date  of  its  confirmation,  and 
also  the  date  of  entry  in  the  record  of  titles 
of  assessments  kept  in  the  office  for  the  col- 
lection of  assessments  and  of  arrears  of 
taxes  and  assessments,  and  of  water  rents, 
notifying  all  persons,  owners  of  property  af- 
fected by  any  such  assessments,  that  unless 
the  amount  assessed  for  benefit  on  any  per- 
son or  property  shall  be  paid  within  sixty 
days  after  the  date  of  said  entry  of  any  such 
assessment,  interest  shall  be  thereafter  col- 
lected thereon  as  provided  in  the  following 
section,  and  all  provisions  of  law  or  ordi- 
nance requiring  any  different  or  other  notice 
of  assessments  and  interest  thereon  are  here- 
by repealed. 

Interest  to  be  eliarged  if  assessment 

anijald  for  sixt.v  days. 

Sec.  1,019.  If  any  such  assessment  shall  re- 
main unpaid  for  the  period  of  sixty  days 
after  the  date  of  entry  thereof  on  the  said 
record  of  titles  of  assessments,  it  shall  be  the 
duty  of  the  officer  authorized  to  collect  and 
receive  the  amount  of  such  assessment  to 
charge,  collect  and  receive  interest  thereon, 
at  the  rate  of  7 per  centum  per  annum,  to 
be  calculated  from  the  date  of  such  entry  to 
the  date  of  payment. 

Rate. 

Sec.  1,020.  Interest  shall  hereafter  be 
charged  and  collected  at  the  rate  of  7 per 
centum  per  annum  on  ail  arrears  of  taxes 
and  assessments  returned  to  tne  collector  of 
assessments  and  arrears  from  the  time  they 
become  due  until  the  date  of  payment,  or  in 
case  a sale  has  taken  place,  as  provided  in 
section  1,027,  until  the  date  of  the  certificate 
mentioned  in  said  section,  and  on  the  rents 
and  charges  for  water  from  the  time  the  taxes 
become  due,  to  which  they  may  be  added  as 
required  by  section  1,025,  until  the  same  date 
respectively. 

Apportionment  of  nsses.sment. 

Sec.  1,021.  If  a sum  of  money  in  gross  has 
been  or  shall  he  assessed  for  local  improve- 
ments upon  any  lands  or  premises  in  the  city 


of  New  York,  any  person  or  persons  claiming 
any  divided  or  undivided  part  thereof  may 
pay  such  part  of  the  sums  of  money  so  assess- 
ed, also  of  the  interest  and  charges  due  or 
charged  thereon,  as  the  controller  may  deem 
to  be  just  and  equitable;  and  the  remainder 
of  the  sum  of  money  so  assessed,  together 
with  the  interest  and  charges,  shall  be  a lien 
upon  the  residue  of  the  land  and  premises 
only,  which  residue  may  be  sold  in  pursuance 
of  the  provisions  of  this  act,  to  satisfy  the 
residue  of  such  assessment,  interest,  or 

charges,  in  the  same  manner  as  though  the 
residue  of  said  assessment  had  been  Imposed 
upon  the  residue  of  said  land  or  premises. 

Commi-ssioner  of  water  sui>ply  to 

transmit  separate  account  for  eaeli 

ward;  iienaity  for  wasting-  water. 

Sec.  1,022.  The  commissioner  of  water  sup- 
ply shall,  annually,  at  the  time  the  tax  levy 
in  each  year  hs  confirmed  by  the  municipal 
assembly,  cause  to  be  prepared  and  transmit- 
ted to  the  collector  of  assessments  and  ar- 
rears a separate  account  for  each  ward  of  all 
lots  on  which  the  water  rents  for  that  year, 
including  the  extra  charges  to  be  included  in 
said  rents,  as  provided  by  this  act,  may  re- 
main unpaid,  w'ith  the  amount  due  on  each 
lot,  and  shall,  at  the  same  time,  notify  the 
controller  of  the  aggregate  amount  of  such 
water  rents  so  returned,  and  shall  thereafter 
receive  no  payment  on  account  of  the  same, 
but  may,  nevertheless,  certify  to  the  collectoi 
of  assessments  and  arrears  any  overcharges 
which  shall,  upon  said  certificate,  be  remitted 
by  the  collector  of  assessments  and  arrears  at 
any  time  before  settlement.  The  said  com- 
missioner of  water  supply  is  hereby  author- 
ized to  prescribe  a penalty,  not  exceeding  the 
sum  of  five  dollars  for  each  offense,  for  per- 
mitting water  to  he  wasted,  and  for  any 
violation  of  such  reasonable  rules  as  he  may 
from  time  to  time  prescribe  for  the  prevention 
of  the  waste  of  water;  such  fines  shall  he 
added  to  the  water  rents. 

Receiver  of  taxes  to  return  arrears  to 

tlie  collector. 

See.  1,023.  The  receiver  of  taxes  shall,  on 
the  first  day  of  June,  In  each  year,  make  a 
return  to  the  collector  of  assessments  and 
arrears,  of  all  taxes  on  real  estate  and  of 
water  rates  and  rents,  which  have  been  added 
thereto,  remaining  unpaid,  and  shall  notify 
the  controller  of  the  aggregate^  amount  of 
arrears  so  returned,  and  balance  on  his  books 
the  accounts  of  the  arrears  so  returned,  by 
charging  the  amount  thereof  to  the  said 
collector,  and  shall  thereafter  receive  no  pay- 
ments on  accounts  of  arrears  so  returned,  but 
may  nevertheless  certify  to  the  collector  of 
a.ssessments  and  arrears  any  . errors  which 
shall,  upon  such  certificate,  be  corrected  by 
the  said  collector  any  time  before  settlement. 

Sec.  1023-a.  1.  There  shall  be  a division  of 
notification  in  the  bureau  for  the  collection  of 
assessments  and  arrears  of  taxes  and  assess- 
ments and  of  water  rents  in  the  department 
of  finance  in  the  city  of  New  York,  the  chief 
officer  of  which  shall  he  a notification 
clerk,  who  shall  have  two  assistants.  Said  noti- 
fication clerk  and  said  assistants  shall  be  ap- 
pointed by  the  comptroller  of  the  city  of  New 
York,  and  shall  hold  office  during  his  pleasure, 
and  discharge  their  duties  under  the  super- 
vision and  direction  of  the  collector  of  as- 
sessments and  arrears.  The  salaries  of  the 
said  notification  clerk  and  of  said  assistant 
clerks  shall  he  fixed  by  the  comptroller,  but 
shall  not  exceed  fifty-five  hundred  dollars. 
The  board  of  -estimate  and  apportionment  of 
the  said  city,  is  hereby  required  to  appro- 
priate annually  in  the  budget  such  sum  as 
may  be  necessary  for  the  support  and  expenses 
of  the  said  division,  and  the  salaries  of  the 


said  notification  clerk  and  assistants,  which 
sum  shall  annually  he  included  in  the  tax 
levy  by  the  municipal  assembly.  For  the 
purpose  of  providing  the  moneys  necessary  for 
the  payment  of  said  salaries,  and  expenses, 
for  the  year  eighteen  hundred  and  ninety-nine, 
the  comptroller  is  hereby  authorized,  when 
thereunto  directed  by  the  board  of  estimate 
and  apportionment,  to  issue  revenue  bonds  of 
said  city,  the  redemption  whereof  shall  he 
provided  for  in  the  budget,  for  the  'year  nine- 
teen hundred. 

2.  The  owner  of  any  lot,  piece,  or  parcel  of 
land  in  the  borough  of  Manhattan  in  the 
city  of  New  York,  or  any  person  interested  in 
such  lot,  piece  or  parcel,  may  file  with  such 
notification  clerk  a statement  containing  a 
brief  description  of  such  land,  together  with 
the  section,  block  and  lot  number  thereof  and 
a statement  of  the  applicant’s  interest  therein, 
together  with  a written  request  that  such  lot, 
piece  or  parcel  of  land  be  registered  in  the  di- 
vision of  notification,  in  the  name  of  the  appli- 
cant. In  the  said  statement  the  applicant  shall 
designate  a post-office  address  to  which  noti- 
fications addressed  to  him  shall  be  sent.  The 
notification  clerk  shall  thereupon  register  in  a 
volume  to  be  kept  in  said  division  as  herein- 
after provided,  a brief  description  of  such  lot, 
piece  or  parcel  of  land  corresponding  to  the 
description  thereof  in  the  statement  so  filed, 
together  with  the  name  of  the  applicant  and 
his  post  office  address  and  the  date  of  such  ap- 
plication. 

3.  As  soon  as  any  assessment  for  a local  im- 

provement shall  have  been  confirmed,  includ- 
ing assessments  confirmed  by  a court  of  re-c- 
ord, and  the  list  thereof  shall  have  been  en- 
tered and  filed  in  the  bureau  for  the  collec- 
tion of  assessments  and  arrears  of  taxes  and 
assessments,  and  of  water  rents,  the  said  noti- 
fication clerk  and  his  assistants  shall  ex- 
amine said  assessment  list  and  shall 
thereupon  within  twenty  days  after  such  con- 
firmation mail  a notice  addressed  to  each  per- 
son in  whose  name  any  lot,  piece  or  parcel  of 
land,  affected  by  such  assessment,  is  register- 
ed at  the  post-office  address  registered  In 
the  records  of  eaid  division,  enclosed  in 
a post  paid  wrapper,  which  notice  shall 
contain  the  brief  description  of  the  lot 
piece  or  parcel  of  land  registered  in 

the  name  of  the  person  to  whom  said 
notice  is  addressed,  together  with  the  amount 
assessed  thereon,  date  of  confirmation,  and 
title  of  the  improvemnt  for  which  said  as- 
sessment is  made,  and  a statement  of  the  in- 
terest or  penalty  imposed  for  the  nonpay- 
ment of  the  said  assessment,  and  the  date 
from  which  the  interest  or  penalty  will 
he  computed.  Failure  to  comply  -with  the 
provisions  of  this  act,  however,  shall  in  no 
manner  affect  the  validity  or  collectibility  of 
any  assesment  for  legal  improvement  .here  to- 
fore  or  hereafter  confirmed,  nor  shall  any 
claim  arise  or  exist  against  the  city  of  New 
York,  the  comptroller,  the  collector  of  assess- 
ments and  arrears  or  any  officer  of  said  city 
by  reason  of  such  failure. 

4.  The  collector  of  assessments  and  arrears 
shall  for  the  purpose  of  this  act  provide  one 
or  more  volumes  for  each  section  of  the  city, 
included  with  in  the  borough  of  Manhattan,  as 
the  same  shall  appear  upon  the  taxes  maps  of  the 
city  of  New  York,  each  of  which  volumes 
shall  be  ruled  and  printed  in  a proper  and 
convenient  manner.  [Thus  amended  by  Chap- 
ter 707,  Laws  of  18S9,  1897.] 

Water  rents  to  1>e  provliled  for  in  as- 
sessment rolls. 

Sec.  1,024.  There  shall  be  ruled  in  the  yearly 
assessment  rolls  of  each  ward  a column  head- 
ed “water  rents,’’  in  which  immediately  after 
the  confirmation  of  such  assessment  rolls,  the 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


103 


collector  of  assessments  end  arrea.  a shall  cause 
to  be  entered  opposite  the  ward,  lot,  town, 
block  and  map  numbers  of  the  property  on 
which  the  said  arrears  may  be  due,  the  amounts 
due  for  “water  rents”  as  transmitted  to  him 
by  the  commissioner  of  water  supply,  in  ac- 
cordanee  with  the  law,  and  the  same  shall 
be  collected  at  the  same  time  and  in  the  same 
manner  with  the  taxes  to  which  they  shall 
be  added. 

Arrears  likewise  to  be  provided  for. 

Sec.  1.025.  There  shall  be  ruled  in  the 
yearly  assessment  rolls  of  the  taxes  in  each 
ward,  a column  headed  “arrears,”  in  which 
the  collector  of  assessments  and  arrears  shall, 
annually,  before  any  taxes  for  the  year  are 
collected,  cause  to  be  entered  the  v,ord  “ar- 
rears” or  “sold,”  according  as  the  fact  may 
be,  opposite  to  the  ward,  lot,  town,  block  and 
map  numbers  on  which  any  arrears  of 
taxes,  or  of  taxes  with  the  water  rent  added, 
shall  be  due,  or  on  which  any  assessment  shall 
remain  unpaid  which  w’as  due  or  confirmed 
thirteen  months  prior  to  the  first  of  June, 
then  last  past,  or  which  may  have  been  sold 
for  assessments,  taxes  or  water  rents,  and  yet 
be  redeemable. 

Bills  foi-  taxes  to  sliow  arrears. 

Sec.  1,026.  There  shall  be  ruled  a column 
for  “arrears”  in  every  bill  rendered  for  taxes 
for  lots  on  which  said  arrears  or  assessments, 
or  taxes  with  water  rents  added,  may  be  due, 
as  aforesaid,  ormay have  been  sold  and  yet  be 
redeemable. in  whichshallbe  written  opposite 
the  entry  of  the  ward,  lot,  town  block  and  map 
number  of  said  lot,  “arrears”  or  “sold,”  ac- 
cording as  the  fact  may  be;  and  it  is  hereby  de- 
clared to  be  the  duty  of  the  receiver  of  taxes 
to  cause  a record  to  be  kept  of  the  ward  and 
block  numbers  of  all  lots  so  noted  in  said  bill 
as  in  arrears  or  sold,  when  said  bills  are  pre- 
sented for  settlement,  and  at  the  bottom  of 
said  bill  shall  be  printed:  “The  columns  for 

arrears  indicate  lots  sold  for  arrears,  or  to 
be  sold  therefor;  arrears  to  be  paid  and  lots 
redeemed  at  the  office  of  the  collector  of 
assessments  and  arrears.” 

Sales  of  lands  for  taxe.s  and  assess- 
ments; proceedings. 

Sec.  1,027.  Whenever  any  tax  on  lands  or 
tenements,  or  any  assessments  on  lands  or 
tenements  foi  local  improvements,  shall  re- 
main unpaid  for  the  term  of  three  years  from 
the  time  the  same  shall  have  been  confirmed, 
and  also  whenever  any  rents  for  water  in 
said  city  shall  have  been  due  and  unpaid  for 
the  term  of  four  years  from  the  time  the 
same  shall  have  been  due,  it  shall  and  may 
be  lawful  for  the  collector  of  assessment 
and  arrears,  under  the  direction  of  the  con- 
troller, to  advertise  the  said  lands  and  tene- 
ments or  any  of  them  for  sale,  and  by  such 
advertisement  the  owner  or  owners  of  such 
lands  and  tenemeffts  respectively  shall  be  re- 
quired to  pay  the  amount  of  such  tax,  assess- 
ment or  water  rents  so  remaining  unpaid,  to- 
gether with  the  interest  thereon  at  the  rate 
of  seven  per  centum  per  annum  to  the  time  of 
payment,  with  the  charges  of  such  notice  and 
advertisement,  to  the  said  collector,  and 
notice  shall  be  given  by  such  adver- 
tisement that  if  default  shall  be  made 
In  such  payment  such  lands  and  tene- 
ments will  be  sold  at  public  auction 
at  a day  and  place  therein  to  be  specified, 
for  the  lowest  term  of  years  at  which  any  per- 
son or  persons  shall  offer  to  take  the  same 
in  consideration  of  advancing  the  said  tax, 
assessment  or  water  rents,  as  the  case  may  be, 
and  the  interest  thereon,  as  aforesaid,  to  the 
time  of  sale,  and  the  charges  of  the  above 
mentioned  notices  and  advertisement  and  all 


other  costs  and  charges  accrued  thereon;  and 
if,  notwithstanding  such  notice,  the  owner  or 
owners  shall  refuse  or  neglect  to  pay  such 
tax,  assessment  or  water  rents,  with  the 
interest  as  aforesaid,  and  the  charges  attend- 
ing such  notice  and  advertisement,  then  it  shall 
and  may  be  lawful  for  the  said  collector  under 
the  direction  of  the  said  controller,  to  cause 
such  lands  and  tenements  to  be  sold  at  public 
auction  for  a term  of  years,  for  the  purpose 
and  in  the  manner  expressed  in  the  said  ad- 
vertisement, and  such  sale  shall  be  made  on 
the  day  and  at  the  place  for  that  purpose  men- 
tioned in  the  said  advertisement,  and  shall  be 
continued  from  time  to  time,  if  necessary, 
until  all  the  lands  and  tenements  so  advertised 
shall  be  sold;  and  the  said  collector  shall  give 
to  the  purchaser  or  purchasers  of  any  such 
lands  and  tenements  a certificate  of  sale,  in 
writing,  describing  the  lands  and  tenements 
so  purchased,  the  term  of  years  for  which  the 
same  shall  have  been  sold,  the  sum  paid  there- 
for, and  the  time  when  the  purchaser  will  be 
entitled  to  a lease  of  the  said  lands  and  tene- 
ments. But  no  houses  or  lots,  or  improved 
or  unimproved  lands,  in  the  city  of  New  York, 
shall  be  hereafter  sold  or  leased  at  public 
auction  for  the  non-payment  of  any  tax,  as- 
sessment or  water  rents  w'hich  may  be  due 
thereon  unless  notice  of  such  sale 
shall  have  been  published  once  in  each 
week  successively  for  three  months  in 
the  City  Record  and  the  corporation 
newspapers,  which  advertisement  shall  con- 
tain, appended  to  said  notice,  a particular  and 
detailed  statement  of  the  property  to  be  sold 
for  taxes,  assessments  or  water  rents;  or  the 
said  detailed  statement  and  description,  in- 
stead of  being  pubiished  in  the  City  Record 
and  the  corporation  newspapers,  shall,  at  the 
option  of  the  said  controller,  be  printed  in  a 
pamphlet,  in  which  case  copies  of  the  pam- 
phlet shall  be  deposited  in  the  office  of  the  said 
collector,  and  shall  be  delivered  to  any  person 
applying  therefor.  And  the  notice  provided 
for  in  this  section  to  be  given  of  the  sale  of 
houses  and  lots  and  improved  and  unimproved 
lands  shall  also  state  that  the  detailed  state- 
ment of  the  taxes,  assessments,  or  water  rents, 
and  the  ownership  of  the  property  taxes  as- 
sessed, and  on  which  the  water  rents  are  un- 
paid, is  published  in  the  City  Record  and  the 
corporation  newspapers,  or  in  a pamphlet,  as 
the  case  may  be,  and  that  copies  of  the  pam- 
phlet are  deposited  in  the  office  of  the  said  col- 
lector, and  will  be  delivered  to  any  person  ap- 
plying for  the  same.  No  other  notice  or  de- 
mand of  the  tax,  assessment,  or  water  rent 
shall  be  required  to  authorize  the  sale  of  any 
lands  and  tenements  as  hereinbefore  pro- 
vided. 

Contiguous  lots  to  be  advertised  as  one 
parcel. 

Sec.  1,028.  In  advertising  houses  and  lots 
and  improved  or  unimproved  lands  to  be  sold 
for  the  non-payment  of  taxes  and  assessments, 
or  water  rents,  it  shall  be  the  duty  of  the  col- 
lector of  assessments  and  arrears  to  advertise 
all  the  houses  and  lots  or  other  lands  lying 
6ontiguous  to  each  other  and  belonging  to  the 
same  owner  in  one  parcel,  unless  otherwise 
requested  by  such  owner,  but  he  may  sell 
separately  the  said  houses  and  lots  as  the 
same  may  have  been  assessed. 

Postponement  of  sales. 

Sec.  1,029.  It  shall  be  lawful  for  the  con- 
troller to  suspend  or  postpone  any  sale  or 
sales  of  lands  and  tenements  or  any  portion 
thereof  which  shall  have  been  advertised  for 
sale,  to  any  time  not  exceeding  fifteen  months 
from  the  day  specified  in  any  such  advertise- 
ment. All  sales  which  shall  be  so  postponed 
or  suspended  shall  be  made  without  further 
advertisement,  other  than  a general  notice  of 


such  postponement  to  be  published  in  the  City 
Record  and  the  corporation  newspapers. 

Sales  for  luxes  aiul  assessments  to  be 

eondueted  by  the  collector  of  assess- 
ments and  arrears;  i>rovision  for  re- 
payment of  purchase  money  when  the 

sale  is  vacated. 

Sec.  1,030.  The  collector  of  assessments  and 
arrears  or  his  assistant  shall  conduct  the 
sales  hereinbefore  provided  to  be  made,  and 
no  auctioneer  other  than  said  collector  or  his 
assistant  shall  be  •employed  to  make  such  sale, 
and  no  auctioneer’s  fees  shall  be  charged  there- 
on. Certificates  of  sale  shall  be  made  and  de- 
livered to  the  purchaser  without  charge.  In 
ease  any  sale  shall  be  vacated  or  canceled, 
the  purchaser,  his  legal  representative  or  as- 
sign, shall  be  repaid  the  amount  paid  by  him 
at  such  sale,  with  interest  thereon  from  the 
time  of  such  payment. 

Cori>oration  may  bid  in  i>roperty. 

Sec.  1,031.  It  shall  be  lawful  for  the  collec- 
tor of  assessments  and  arrears,  at  any  sale 
of  lands  and  tenements  in  the  oity  of  New 
York,  for  taxes,  assessments,  or  water  rents, 
to  bid  in,  for  the  city  of  New  York,  every  lot 
and  premises  so  put  up  for  sale  for  which  no 
person  shall  offer  to  bid,  and  certificates  of 
such  sales  shall  be  made  by  the  said  collec- 
tor to  the  city  of  New  York,  in  the  form  and 
manner  prescribed  for  individuals.  All  such 
purchases  shall  be  subject  to  the  same  rights 
of  redemption  as  purchases  by  individuals; 
and  if  the  lands  and  tenements  sold  shall  not 
be  redeemed,  or  shall  not  have  been  assigned, 
the  controller  of  the  city  shall  execute  a lease 
therefor  to  the  city  of  New  York,  with  the 
same  effect  as  in  cases  of  leases  to  individuals 
in  this  title  provided. 

I«l.;  bow  assigned. 

Sec.  1,032.  It  shall  be  the  duty  of  said  col- 
lector, in  all  cases  of  purchases  of  lands  and 
tenements  by  the  city  of  New  York  for  taxes, 
assessments,  or  water  rents,  to  assign  any 
and  all  such  purchases  to  any  person  who 
'Shiall  at  any  time  within  one  year  from  the 
time  when'  such  purchases  were  made,  offer 
to  take  the  same,  upon  his  or  her  paying  to 
the  said  collector  of  assessments  and  ar- 
rears, for  the  use  of  the  city,  the 
purchase  money,  with  7 per  centum  in- 
terest thereon.  The  person  so  receiving  the 
assignment  shall  be  entitled,  upon  the  re- 
demption of  the  property,  to  receive  the 
amount  so  paid  by  him  or  her  to  the  oity  with 
interest  from  the  time  of  such  payment  at 
the  rate  and  in  the  same  m^anner  as  if  he  or 
she  had  purchased  the  property  at  a sale  for 
taxes,  assessments  or  water  rents. 

Certificates  where  consolidated  mania 

cipality  lias  bid  in  property. 

Sec.  1,033.  In  cases  where  lands  within  the 
boundaries  of  any  of  the  municipal  corpora- 
tions or  parts  of  municipal  corporations  by 
this  act  consolidated  with  the  corporation 
known  as  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York,  have  been -sold 
for  taxes  and  assessments  and  the  title  up- 
on such  sales  has  passed  to  either  of  said 
municipal  corporations  or  parts  of  municipal 
corporations,  such  title  is  hereby  transferred 
to  and  vested  in  the  corporation  of  the  city 
of  New  York  as  constituted  by.  this  act;  and 
said  corporation  shall  have  all  the  rights, 
privileges  and  property  of  its  predecessor  in 
said  title  and  the  same  powers  and  privileges 
in  respect  to  the  enforcement  of  the  same 
or  the  sale  or  lease  thereof,  and  the  controller 
of  the  city  shall  control  the  same  in  all  r»- 


104 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


spects,  as  by  statute  in  such  cases  aiready 
made  and  provided. 

Ke«tomi»tiou  <>i  lands  purchased  by 

o o i*i»o  m t i o II . 

I 

See.  1,034.  In  all  cases  of  lands  and  tene-  [ 
meiKS  purchased  by  the  city  of  New  York  for  | 
taxes,  assessments  or  water  rents,  in  which  ! 
the  same  shall  not  have  been  assigned,  any 
person  claiming  title  to  such  lands  and  ten- 
ements, or  any  other  person,  may  redeem  the  1 
same  in  like  manner  and  to  the  same  effect  | 
as  in  cases  of  individual  purchases,  by  paying 
in  the  manner  provided  by  law,  for  the  use 
of  the  said  city,  the  purchase  money  with 
seven  per  centum  interest  thereon,  together 
with  any  and  all  expenses  which  shall  have 
accrued  since  the  sale;  and  in  ail  cases  where 
lands  and  tenements  shall  he  conveyed  to  the 
said  city  pursuant  to  the  provisions  of  this  ti- 
tle, it  shall  be  the  duty  of  said  collector 
in  the  name  of  the  said  city,  to  cause  notices 
to  be  served  in  the  manner  in  this  title  pro- 
vided. 

Corporntion  to  tak:e  po.ssession  of  uii- 

cl:iinie«l  laiid.s. 

Sec.  1,035.  It  shall  be  lawful  for  the  city  of 
New  York,  and  it  is  hereby  authorized  and 
empowered,  to  take  peaceable  possession  of, 
or  sue  for  and  recover,  and  to  hold,  occupy, 
and  enjoy  all  lots  or  pieces  or  parcels  of  land 
.situate,  lying  and  being  in  the  city  which  have 
or  which  may  he  sold  for  a term  of  time  for 
the  payment  of  any  taxes  or  assessments  in 
the  said  city,  after  the  e.xpiration  of  the  term 
from  which  the  same  may  have  been  or  shall 
be  so  sold,  provided  the  rightful  owner  of  the 
same  shall  not  then  claim  possession  of  the 
same,  and  to  have,  hold,  and  occupy  the  same 
until  the  rightful  owner  shall  claim  posses- 
sion of  the  same,  and  shall  pay  all  sums  which 
may  bo  due  thereon  for  taxes,  assessments  and 
also  the  value  of  the  improvements  which  may 
be  made,  or  erected  upon  the  same  by  the  city 
of  New  York,  over  and  above  all  the  rents,  is- 
sues and  profits  which  may  be  received  by  the 
city  of  New.  York  for  or  on  account  of  the 
rents,  issues  and  profits  of  any  such  premises; 
provided  always  that  the  city  of  New  York 
.shall  not  be  entitled  to  demand  any  sum  of 
money  for  any  sucH  Improvements,  unless  it 
shall  have  caused  to  be  published  in  the  City 
Record  and  the  corporation  newspapers 
for  at  least  three  mouths  previous  to 
the  making  of  such  improvements,  a notifica- 
tion to  the  owners  of  the  said  lots,  to  appear 
and  take  possession  of  their  said  premises; 
and,  further,  that  in  no  case  shall  the  owners 
of  the  said  premi.ses  be  compelled  to  pay  for 
any  such  improvements  a sum  exceeding  two- 
thirds  of  the  value  of  their  said  lots  of  land. 
The  city  shall  account  for  and  pay  over  to  the 
rightful  owner  of  any  such  lots  of  laud  all  the 
rents,  issues  and  profits  which  the  city  of  New 
York  may  receive  on  account  of  such  premises 
over  and  above  the  amount  of  all  taxes  and 
assessments  due  for  or  on  account  of  the  said 
premises,  and  over  and  above  the  value  of  all 
such  improvements  thereon  as  shall  be  made 
after  the  notification  mentioned  in  this  sec- 
tion, and  as  shall  not  exceed  two-thirds  of 
the  x'alue  of  said  lots  of  land. 

Mort8ae;ce.s  to  be  notified  of  sale  be- 
fore tlie  time  to  redeem  expii'es. 

Sec.  1,036.  In  cases  of  sales  of  real  estate 
for  the  non-payment  of  taxes  or  assessments, 
it  shall  be  the  duty  of  the  collector  of  assess- 
ments and  arrears,  sixty  days  before  the  time 
limited  by  law  for  the  redemption  of  any 
real  estate  from  the  effects  of  such  sales,  to 
cause  notice  to  be  given  to  all  mortgagees  of 
the  real  estate  so  sold,  their  assignees  or  per-  | 
sonal  representatives,  and  to  all  owners,  les-  ' 
sees,  or  persons  otherwise  interested,  or  their 
legal  representatives,  who  shall  at  any  time, 


at  least  one  month  before  the  time  for  the  giv- 
ing of  such  notice,  have  filed  in  the  office  of 
the  register  or  county  clerk  of  the  county  in 
which  said  real  estate  is  situated  a memo- 
randum of  such ' mortgage  and  of  such 
real  estate,  containing  a brief  abstract, 
designating  the  property,  with  the  street  num- 
ber, if  there  be  any,  or  such  definite  description 
or  diagram  as  will  enable  the  said  collector  of 
assessments  and  arrears  to  designate  the  said 
premises  upon  the  city  maps,  and  the  name 
and  residence  of  suen  morigagee,  assignee,  or 
personal  representative,  and  such  owner, 
lessee,  or  person  representea. 

How  sncli  notice  sball  be  given. 

Sec.  1,037.  Such  notice  shall  be  given  by 
putting  into  the  post  office  in  the  city  of  New 
York,  directed  to  such  mortgagees,  assignees, 
or  personal  representatives,  at  their  places 
of  residence,  if  known  to  the  collector  of  as- 
sessments and  arrears,  and  such  owners, 
lessees,  or  persons  otherwise  interested,  a 
printed  list  describing  all  the  property  sold 
for  taxes  and  remaining  unredeemed.  Such 
description  shall  name  the  street  or  avenue  on 
which  the  property  may  be  situate,  the  side 
of  the  street  or  avenue,  and  between  what 
streets  or  avenues,  with  the  map  or  street 
numbers  of  the  property,  and  in  whose  name 
assessed,  together  with  the  term  of  years  and 
amount  for  which  the  same  shall  have  been 
sold,  and  the  day  or  days  on  which  the  time 
limited  for  the  redemption  of  the  property  will 
expire,  with  a notice  that  unless  the  property 
shall  be  redeemed  on  or  by  such  days,  by  the 
payment  of  the  sums  for  which  the  same  were 
1 sold,  with  all  interest  and  expenses  allowed 
by  law,  that  leases  will  be  given  to  the  pur- 
chasers, in  accordance  with  the  statute  in  such 
case  made  and  provided. 

Affidavit  of  service. 

Sec.  1.038.  An  affidavit  of  the  service  of  such 
notice  as  is  required  in  the  two  preceding 
sections,  before  any  officer  authorized  to  take 
affidavits  to  be  read  in  a court  of  record,  and 
filed  in  the  office  of  the  said  register  or 
county  clerk,  or  a certified  copy  thereof 
under  the  signature  of  such  register  or  coun- 
ty clerk,  shall  be  evidence  of  the  fact  of  such 
notice. 

Register  or  comity  clerk  to  record 

memoranda. 

Sec.  1,039.  It  shall  be  the  duty  of  the  said 
register  or  county  clerk  to  keep  in  his  office 
a book,  alphabetically  arranged,  for  the 
registering  of  all  such  memoranda  as  afore- 
said, which  book  shall  be  open  to  the  inspec- 
tion of  any  person  desiring  to  examine  the 
same,  without  charge.  The  said  register  or 
county  clerk  shall  be  entitled  to  receive  twen- 
ty-five cents  for  registering  the  memorandum 
of  each  mortgage,  as  above  provided. 

Moi'fgagee’s  i-iglif  to  redeem. 

Sec.  1,040.  .Such  mortgagees  or  their  as- 
signees or  personal  representatives,  and  such 
owners,  lessees,  or  persons  otherwise  inter- 
ested, or  their  legal  representatives,  shall  be 
I entitled  to  redeem  the  property  sold  from  the 
effect  of  such  sale,  at  any  time  within  two 
years  from  the  date  of  such  sale,  and  such 
mortgagees,  assignees  or  personal  repre- 
sentatives shall  have  a lien  on  the  property 
for  the  amount  paid,  with  the  interest  which 
may  thereafter  accrue  thereon,  at  the  rate  of 
seven  per  centum  per  annum,  in  like  man- 
ner as  if  the  same  had  been  included  in  such 
mortgage. 

Notice  of  expiration  of  time  to  redeem 

to  be  pnbli.sbe«l;  lease  to  be  exeeated 

to  purchaser  on  default  to  redeem. 

Sec.  1,041.  The  collector  of  assessments  and 
arrears  under  direction  of  the  controller  of 
the  city  to  fe; 


published  at  least  twice  in  each  week,  for 
six  weeks  successively,  in  the  City  Record 
and  the  corporation  newspapers  in  such 
form  as  he  shall  deem  best  calculated 
to  give  notice  of  such  sale,  that  unless  the 
lands  and  tenements  sO'ld  be  redeemed  by  a 
certain  day,  they  will  be  conveyed  to  the 
purchaser.  If  the  person  or  persons  claiming 
title  to  the  said  lands  and  tenements,  or 
some  other  persons,  shall  not,  within  two 
years  from  the  date  of  the  before  mentioned 
certificate,  pay  to  the  said  collector,  for  the 
use  of  the  purchaser  or  purchasers,  his,  her 
or  their  heirs,  executors,  administrators  or 
assigns,  the  sum  mentioned  in  such  certifi- 
cate, together  with  the  interest  thereon,  ait 
the  rate  of  fourteen  per  centum  per  annum, 
from  the  date  of  such  certificate,  the  said 
controller,  in  the  name  of  the  city  of  New 
York,  at  the  expiration  of  the  said  two  years, 
shall  execute  to  the  puixjbaser  or  purchasers, 
his,  her  or  their  heirs,  executors,  admiinistra- 
tors  or  assigns,  a lease,  under  the  common 
seal  of  the  city,  of  the  lands  and  tenements 
so  sold  for  such  term  of  years  as  the  same 
shall  have  been  sold  and  the  execution  thereof 
shall  be  witnessed  by  the  said  collector'.  At 
the  time  of  receiving  the  lease  the  purchaser 
shall  pay  the  sum  of  two  dollars  and  fifty 
cents  to  the  said  collector  for  the  expense 
of  drawing  said  lease,  and  also  the  expense 
of  advertising  the  notice  to  redeem;  and  all 
such  leases  executed  by  the  said  controller 
and  witnessed  by  the  said  collector  shall  be 
presumptive  evidence  that  the  sale  and  all 
proceedings  prior  thereto,  from  and  includ- 
ing the  assessments  on  said  lands  and  tene- 
ments, for  taxes  or  assessments  or  water 
rents,  and  all  notices  required  by  law  to  be 
given  previous  to  the  expiration  of  the  two 
years  allowed  to  redeem,  were  regular  and  ac- 
cording to  the  provisions  of  the  statute  in 
such  cases  made  and  provided;  and  such  pur- 
chaser or  purchasers,  his,  her  or  their  heirs, 
executors,  administrators  or  assigns,  shall  in 
virtue  thereof  and  of  this  title,  lawfully 
hold  and  enjoy  the  said  lands  and  tenements 
in  said  lease  mentioned  for  his,  her  or  their 
own  proper  use  against  the  owner  or  owners 
thereof,  and  all  claiming  under  him,  her  or 
them,  until  such  purchaser’s  term  therein 
shall  be  fully  complete  and  ended;  and  the 
said  purchaser  or  purchasers,  his,  her  or  their 
heirs,  executors,  administrators  or  assigns, 
shall  be  at  liberty  to  remove  all  the  build- 
ings or  materials  which  he,  she  or  they  shall 
erect  or  place  thereon  during  the  said  term, 
within  one  month  after  the  expiration  of 
the  said  term,  but  leaving  the  lands  and  tene- 
ments, with  the  streets  fronting  the  same, 
in  the  order  required  by  the  regulations  of 
the  municipal  assembly;  provided  that  such 
lease  shall  not  be  executed  and  delivered 
until  the  expiration  of  six  months  after  the 
publication  of  the  notice  last  herein  above 
mentioned. 

Redeeming  a portion  of  lands  sold. 

Sec.  1,042.  In  all  cases  where  pieces  or  par- 
cels of  land  sball  have  been  sold  for  taxes, 
assessments  or  water  rents,  and  any  person 
shall  claim  to  redeem  any  portion  of  the  same 
within  the  time  limited  for  redemption,  he 
shall  he  permitted  to  do  so  on  paying  the  ap- 
portionment of  the  tax,  assessment  or  water 
rents  for  which  the  property  was  sold,  to- 
gether with  the  interest  on  the  same,  and  an 
equitable  proportion  of  the  expense,  the  ap- 
portionment to  be  made  by  the  controller. 

Sale  of  lands  actually  occnijied;  notice 

to  fie  served. 

Sec.  1,043.  Whenever  any  lands  or  tene- 
ments sold  for  taxes,  as.sessments,  or  water 
rents,  and  conveyed,  as  in  this  title  provided, 
ghaii  at  the  time  of  conveyance,  be  in  the 


THE  CHARTER  GF  THE  CITY  OP  NEW  YORK. 


105 


actual  occupancy  of  any  person,  the  grantee 
to  whom  the  same  shall  have  been  conveyed, 
or  the  person  claiming  under  him,  shall  serve 
a written  notice  on  the  person  occupying 
such  lands  or  tenements,  and  in  all  cases  on 
the  person  owning  the  property  so  conveyed, 
whether  the  property  be  in  occupancy  or  not, 
provided  such  owner  resides  in  the  city  of 
New  York,  or  in  any  adjoining  county;  in  case 
the  owner  does  not  reside  in  the  city  of  New 
York,  or  in  an  adjoining  county,  said  notice 
shall  be  sent  to  his  or  her  post  office  address 
by  mail  All  such  notices  shall  state  in  sub- 
stance the  sale  and  conveyance,  the  person  to 
wffiom  made  and  the  amount  of  consideration 
money  mentioned  in  the  conveyance,  with 
the  addifon  of  forty-two  per  centum  on  such 
amount  as  the  said  lands  or  tenements  were 
struck  off  for  at  the  time  of  the  sale,  and  the 
further  addition  of  the  sum  paid  for  the  lease 
and  advertisement;  and  stating,  also,  that 
unless  such  consideration  money  and  the  said 
forty-two  per  centum,  together  with  the  sum 
paid  for  the  lease  and  advertisements,  shall 
be  paid  to  said  collector  of  assess- 
ments and  arrears,  for  the  benefit  of  the 
grantees,  within  six  months  after  the 
service  of  such  notice,  the  said  convey- 
ance will  become  absolute  and  the  owner, 
occupant,  and  all  others  interested  in  the 
lands  or  tenements  be  barred  from  all  right 
and  title  thereto  during  the  term  of  years  for 
which  such  lands  or  tenements  shall  have 
been  conveyed.  And  no  conveyance  made  in 
pursuan  ;e  of  this  title  shall  be  recorded  until 
the  expiration  of  such  notice,  and  the  evidence 
of  the  service  of  such  notice  shall  be  recorded 
with  such  conveyance. 

Id.:  mode  of  service. 

Sec.  1,044.  Such  notice  shall  be  served  per- 
sonally or  by  leaving  the  same  at  the  dwell- 
ing house  of  the  occupant  and  of  the  person 
owning  the  property  conveyed,  with  any  per- 
son of  suitable  age  and  discretion  belong- 
ing to  his  or  her  family,  and  the  name  of 
the  person  on  whom  served  shall  be  stated 
in  the  affidavit  of  service  hereinafter  men- 
tioned if  the  same  can  be  ascertained,  and  if 
served  by  mail,  shall  state  the  time  when 
the  same  w’as  mailed. 

Id.:  affidavit  thereoi’. 

Sec.  1,045.  In  every  such  case  the  grantee, 
or  the  person  claiming  under  him,  in  order 
to  complete  his  title  to  the  land  conveyed, 
shall  file  with  the  said  collector  of  assessments 
and  arrears  an  affidavit  of  some  person  re- 
siding in  the  city  of  New  York,  who  shall 
be  certified  as  credible  by  the  officer  before 
whom  such  affidavit  shall  be  taken,  that  suen 
notice  was  duly  served,  specifying  the  time  of 
service,  the  mode  and  manner  of  service  and 
a copy  of  such  notice  shall  be  attached  there- 
to. 

Certificate  of  tlie  controller;  eftect 

thereof. 

Sec.  1,046.  If  the  said  controller  shall  be  sat- 
isfied by  such  affidavit  that  the  notice  has 
been  duly  served,  and  if  the  moneys  required 
to  be  paid  for  the  redemption  of  such  lands  or 
tenements  shall  not  have  been  paid  as  herein- 
before provided,  he  shall,  under  his  hand  and 
seal,  certify  to  the  fact,  and  the  conveyance 
shall  thereupon  become  absolute,  and  the 
owner  and  all  others  interested  in  the  lands 
or  tenements  shall  be  barred  of  all  right  there- 
to during  the  term  of  years  for  which  the 
same  shall  have  been  conveyed. 

Owner  or  ocenpant;  when  may  redeem. 

Sec.  1,047.  The  owner,  occupant,  or  any 
other  person  may,  at  any  time  within  the  six 
months  named  in  such  notice,  redeem  the  said 
lands  and  tenements  by  paying  such  purchase 
money,  with  the  addition  of  forty-two  per 
cent,  thereon,  and  the  amount  that  shall  have  j 


been  paid  for  the  lease,  and  every  such  re- 
demption shall  be  as  effectual  as  if  made  be- 
fore the  conveyance  of  the  lands  or  tenements 
sold. 

Rate  of  interest;  how  to  be  ealculated. 

Sec.  1,048.  The  rate  of  interest  allowed  by 
law  to  the  purchaser  at  the  time  of  redemption 
on  the  amount  of  the  purchase  money  shall 
be  reduced  to  fourteen  per  cent,  per  annum, 
but  no  interest  shall  be  calculated  on  a less 
portion  of  time  than  one-quarter  of  a year, 
and  in  all  cases  where  the  property  sh^ll  be 
redeemed  during  any  fractional  part  of  a year, 
the  interest  shall  be  calculated  so  as  to  in- 
clude the  quarter  in  which  such  redemption 
shall  be  made,  the  time  to  be  computed  from 
the  day  of  sale. 

Certificate  of  redemption  to  he  fur- 
nished. 

Sec.  1,049.  Upon  such  redemption,  as  pro- 
vided for  in  the  two  preceding  sections,  the 
said  collector  of  assessments  and  arrears  shall 
give  to  the  person  redeeming,  a certificate 
under  his  hand  and  seal,  stating  the  payment, 
the  year  in  which  the  sale  was  made,  and 
showing  what  land  such  payment  is  intended 
to  redeem,  and  such  certificate  shall  be  evi- 
dence of  such  redemption. 

Lo.st  certificate;  delivery  of  lea.se  in 

ease  of. 

Sec.  1,050.  Whenever  any  certificate  given 
by  the  collector  of  assessments  and  arrears, 
as  in  this  title  provided,  of  lands  sold  shall  be 
lost,  the  said  controller  may  receive  evidence 
of  such  loss,  and  on  satisfactory  proof  of  the 
fact  may  execute  and  deliver  a lease  to  such 
person  or  persons  who  shall  appear  entitled 
thereto  of  the  lands  and  tenements  described 
in  the  certificate,  and  may  also,  in  his  dis- 
cretion. require  a bond  of  indemnity  to  the 
city  of  New  York.  Each  certificate  shall  be 
registered  in  the  record  of  sales  to  be  kept 
in  the  bureau  of  said  collector  of  assessments 
and  arrears,  and  no  transfer  of  such  certi- 
ficate shall  be  valid  until  registered  in  said 
book. 

Bills  of  arrears  of  taxes  and  assess- 
ments to  he  furnished  when  requlreti 

Sec.  1,051.  The  collector  of  assessments  and 
arrears,  upon  the  requisiton  of  any  person, 
shall  furnish  a bill  of  all  arrears  of  taxes,  and 
of  taxes  with  the  “water  rents”  added  on 
any  lot  or  lots  due  prior  to  the  first  of  June, 
then  last  past,  and  of  assessments  which 
shall  have  been  due  twelve  months  or  over, 
including  the  amount  necessary  to  redeem  it 
or  them,  if  it  or  they  have  been  sold  for  any 
arrears  of  assessments,  taxes  or  water  rents 
and  be  yet  redeemable;  and  upon  the  pay- 
ment of  the  said  bill  (which  shall  be  called 
a “bill  of  arrears  of  assessments,  taxes  and 
water  rents  and  for  redemption”)  his  receipt 
thereon,  countersigned  by  the  controller,  shall 
be  conclusive  evidence  of  such  payment.  The 
controller  shall  cause  to  be  kept  a duplicate 
account  of  amounts  so  collected,  and  the  cer- 
tificate of  the  collector  of  assessments  and 
arrears,  countersigned  by  the  controller,  that 
there  are  no  such  liens  on  said  lot  or  lots, 
shall  forever  free  the  said  lot  or  lots  from 
all  liens  of  taxes,  or  for  taxes  with  water 
rates  added,  or  for  rents  of  water  added  to 
the  taxes  prior  to  the  first  of  June  then  last 
passed,  and  for  all  assessments  due  thirteen 
months  or  over,  prior  to  the  date  of  the  said 
receipt  or  certificate,  and  from  all  liens  in 
consequence  of  sales  for  assessments,  taxes, 
or  water  rents,  or  for  all  of  them,  when  the 
time  allowed  by  law  for  redemption  had  not 
expired  at  the  date  or  time  of  said  payment 
or  certificate. 

Id.;  fees  for  searches. 

Sec.  1,052.  Fees  for  the  searches  to  be  paid 
! into  the  city  treasury  shall  be  included  in 


the  bills  mentioned  in  the  preceding  section, 
and  also  charges  for  certificates,  which  shall 
be  given  by  said  collector  of  assessments 
and  arrears,  respecting  lots  on  which  there 
may  be  no  arrears  when  searches  are  required; 
the  said  fees  to  be  regulated  by  ordinance  of 
the  municipal  assembly. 

Complete  record  of  sales  to  be  kept. 

Sec.  1.053.  There  shall  be  kept  in  the  office 
of  the  coliector  of  assessments  and  arrears 
a record  of  all  sales  made  for  taxes,  assess- 
ments, and  water  rents,  which  record  shall 
show  the  amount  of  the  tax,  the  assessment, 
and  the  water  rents,  a description  of  the 
premises  sold,  the  date  of  the  sale,  the  name 
of  the  person  to  whom  soid,  the  term  of  years 
for  which  such  property  was  sold,  time  of  the 
delivery  of  the  lease,  to  whom  delivered,  and 
when  the  same  shall  expire. 

Allidavit.s  of  piil)licat ion  of  necessary 

notice.s  to  be  preserved. 

Sec.  1,054.  It  shail  be  the  duty  of  the  col- 
lector of  assessments  and  arrears  to  procure, 
preserve  and  register  in  his  office,  affidavits 
of  the  publication  of  all  the  notices  by  this 
title  required  to  be  published,  and  such  affi- 
davits shall  be  presumptive  proof  of  such  pub- 
lication in  all  courts  of  this  state. 

• 

CHAPTER  XVIII. 

DEPARTMENT  OF  EDUCATION. 

Title  1.  The  Public  Schools  and  Their  Man- 
agement. 

Title  2.  The  College  of  the  City  of  New 
York. 

Title  3.  The  Normal  College. 

Title  4.  General  Provisions. 

TITLE  1. 

THE  PUBLIC  SCHOOLS  AND  THEIR 
MANAGEMENT. 

Board  of  edneation  and  .school  boards; 

property  under  tbeir  care  and  con- 
trol; in  wbat  name  suits  brongbt. 

Sec.  1,055.  The  title  to  all  property,  real  and 
personal,  now  or  that  may  hereafter  be  ac- 
quired for  school  or  educational  purposes,  ex- 
cept the  state  normal  school  at  Jamaica,  and 
also  the  title  to  all  property,  real  and  personal 
purchased  for  school  or  educational  purposes 
with  any  school  moneys,  whether  derived  from 
the  issue  of  bonds  or  raised  by  taxation  in 
The  City  of  New  York,  shall  be  vested  in  The 
City  of  New  York,  as  constituted  by  this  act, 
but  shall  be  under  the  care  and  control  of  the 
board  of  education  and  of  the  school  boards 
of  the  various  boroughs,  a's  provided  in  this 
act,  for  the  purpo.es  of  public  education,  re- 
creation and  other  public  uses.  Suits  in  re- 
lation to  such  property  shail  be  brought  la 
the  name  of  the  said  board  of  education.  The 
said  city  of  New  York  shall  have  power  to 
take  and  hold  any  property,  real  or  personal, 
devised  or  bequeathed  or  transmitted  to  it 
for  the  purposes  of  education  in  said  city;  but 
such  property  shall  be  under  the  care  and 
control  of  the  board  of  education  and  of  the 
school  boards  of  the  various  boroughs  as 
prvlded  by  this  act,  for  the  purposes  of  public 
education,  recreation  and  other  public  uses 
in  said  city.  [Thus  amended  by  Chapter  652, 
Laws  of  1898.] 

School  ap;e  of  children. 

Sec.  1,056.  The  schools  of  the  said  city 
under  the  management  and  control  of  the 
board  of  education  and  of  the  several  school 
boards  established  by  this  act  shall  be  free 
to  all  persons  over  five  and  under  twenty- 
one  years  of  age  residing  in  said  city,  but 
under  such  regulations  not  in  conflict  with 
the  general  school  law  of  the  state,  as  the 


106 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORIT. 


board  of  oducation  or  the  respective  school 
boards  sliall  prescribe;  and  where  kinder- 
garten schools  are  established  under  tho 
provisions  of  this  act,  they  shall,  in  like 
manner,  be  free  to  children  not  less  than 
four  years  of  age  residing  in  said  city. 

Boainl  of  edncatiou;  succeeds  to  trusts 

of  Scliool  soeietj-. 

Sec.  1,057.  All  the  trusts  held  by  or  vested 
in  tho  Public  School  society  of  the  city  of 
New  York,  as  heretofore  organized  and 
existing  in  compliance  with  the  provi- 
sions of  an  act  entitled  “An  act  rela- 
tive to  common  schools  in  the  city  of 
New  York,”  passed  the  fourth  day  of  June, 
one  thousand  eight  hundred  and  fifty-three, 
which  have  not  been  conveyed  by  the  said 
society,  and  all  the  rights,  powers  and  duties 
of  the  said  society,  which  yet  remain  therein, 
shall  continue  and  be  vested  in  the  board  of 
education  of  the  city  of  New  York,  which 
board  is  and  shall  be  held  to  be  the  lawful 
successors  of  said  society  in  the  execution  of 
every  trust. 

Board  of  education  and  school  boards; 

succeed  to  duties  and  porverfi  of 

former  Iioartis,  etc. 

Sec.  1,058.  Subject  to  the  provision.s  of  this 
act.  and  so  far  %s  is  consistent  therewith, 
the  board  of  education  of  the  city  of  New 
York,  as  created  by  the  terms  and  provisions 
of  this  act,  and  the  school  boards  of  the 
various  boroughs,  as  created  by  the  terms 
and  provisions  of  this  act,  shall  respectively 
be  subject  to  all  the  duties,  possess  ali  tho 
rights  and  exercise  all  the  powers  now  re- 
spectively held  by  the  boards  of  education, 
commissioners  of  education  and  school  trus- 
tees existing  at  the  time  of  the  passage  of 
this  act,  in  and  for  the  city  of  New  York, 
the  City  of  Brooklyn,  or  Long  Island  City, 
or  the  school  districts  of  the  county  of  Rich- 
mond, and  the  school  districts  of  that  part 
of  the  county  of  Queens,  by  this  act  consoli- 
dated into  the  city  of  New  York,  and  such 
duties  shall  be  deemed  under  this  section 
to  be  devolved  upon  the  said  board  of  edu- 
cation or  the  school  boards  in  the  same  man- 
ner as  similar  duties  are  devolved  upon  the 
said  board  of  education  or  the  school  boards 
of  tho  boroughs  by  this  act. 

aioney  to  coniluet  scliools  to  be  riii.sed 

l»y  ta.vutiou  after  1S!)S. 

Sec.  1,059.  The  board  of  estimate  and  ap- 
poiruonment  and  the  miunicipel  assembly  of 
the  city  of  New  York  may,  in  the  year  eight- 
een hundred  and  ninsfcy-nine,  and  in  each  and 
every  year  -chereafter,  raise  and  collec:  by  tax, 
on  the  esta'tes,  real  and  personal,  liable  to 
taxation  in  said  city,  such  sum  of  money  as 
may  be  necessary  -to  prowido  for  the  conduct  of 
the  schools  as  called  for  by  the  budget  adopted 
by  the  said  beard  and  the  said  assembly  pur- 
suant to  the  provisions  of  this  act;  but  noth- 
ing contained  in  this  act  shall  be  construed  to 
lin?H  or  restrict  the  power  of  the  board  of  esti- 
mate and  apportionment  and  the  municipal  as- 
sembly, to  fix  in  their  discretion,  and  in  such 
dejail  as  they  may  deem  expedient,  the 
amounts  to  be  allowed  to  said  board  of  educa- 
tion in  the  annual  tax  levy. 

Specinl  and  ptciieral  seliool  fiiiid.s;  all 

jnoneys  to  be  i-ecelved  by  board  of 

education. 

Sec.  1,0G0.  All  moneys  raised  for  educational 
purposes  in  the  city  of  New  York  shall  be 
raised  in  two  funds,  to  be  known  as  the  special 
school  fund  an.d  the  general  school  fund,  re- 
spectively. The  special  school  fund  shall  con- 
sist of  all  moneys  raised  for  the  purchase  of 
school  sites,  tor  the  erection  and  repairs  of 
buildings,  for  the  purchase  and  the  leasing  of 
educ-acicnal  and  school  buildings;  for  the  pur- 
chase of  oii  school  supplies,  for  the  mainte- 


nance of  the  nautical  school,  and  tor  the  ad- 
ministrative purposes  of  the  board  of  educa- 
tion. 

.'tnd  it  shall  be  the  duty  of  the  beard  of  esti- 
mate and  apportionment  and  of  the  municipal 
assecnbiy  to  indicate  in  the  budget  in  raising 
the  special  school  fund  the  respective  amounts 
thereof  which  shal!  be  available  for  use  within 
the  jurisdiction  of  each  of  the  school  boards. 
The  general  school  fund  shall  be  raised  in 
bulk,  and  for  the  city  at  large,  and  shall  con- 
tain and  embrace  all  items  for  educational 
purposes  not  comprised  in  the  special  school 
fund.  The  said  board  of  education  shall  have 
power  to  take  and  to  receive,  and  shall  take 
and  receive  all  moneys  appropriated  or  avail- 
able for  educational  purposes  in  the  city  of 
New  Yorlr. 

School  board,  liow  coastif iiletl ; vacan- 
cies; iiiciabcr.s  to  bold  no  other  otlice 

except,  etc. 

Sec.  1,061.  There  shall  be  the  following 
school  boards  in  the  cify  of  New  York; 

(1.)  A school  board  for  the  boroughs  of 
Manhattan  and  the  Bronx,  to  be  composed  of 
twenty-one  members.  The  board  of  educa- 
tion oif  the  city  of  New  York,  as  constituted 
prior  CO  the  passage  of  this  act,  shall  be  the 
school  board  in  and  for  the  said  boroughs, 
and  the  members  of  said  board  of  education 
shall  serve  out,  as  members  of  the  school 
board,  the  terms  for  which  they  were  re- 
spectively appointed  as  members  of  the  board 
of  education  of  the  city  of  New  York.  Their 
powers,  duties  and  functions  as  a board  of 
education  shall  cease  and  determine,  and 
their  powers,  duties  and  functions  as  a school 
board  under  this  act  shall  commence  on  the 
first  day  of  February,  1898. 

(2.)  A school  board  for  the  borough  cf 
Brooklyn,  to  be  composed  of  forty-five  mem- 
bers. The  board  of  education  of  the  city  of 
Brooklyn  shall  be  the  school  board  in  and  for 
the  borough  of  Brooklyn,  and  the  members 
of  said  boai-d  of  education  shall  serve  out,  as 
members  of  the  school  board,  the  terms  for 
which  they  were  respectively  appointed  as 
members  of  the  board  of  education  of  the  city 
of  Brooklyn.  Their  powers,  duties  and  func- 
tions as  a board  of  education  shal]  cease  and 
determine,  and  their  powers,  duties  and  func- 
tions as  a school  board  under  this  act  shall 
commence  on  the  first  day  of  February,  1898. 

The  mayor  shall  appoint  successors  to  the 
members  of  the  school  board  of  the  boroughs 
of  Manhattan  and  the  Bronx  and  of  the  school 
board  of  the  borough  of  Brooklyn  as  their 
terms  shall  respectively  expire. 

(3.)  A school  board  for  the  borough  of 
Queens  and  a school  board  for  the  borough  of 
Richmond,  each  to  be  composed  of  nine  mem- 
bers, to  be  appointed  as  follows;  On  the  third 
Wednesday  in  January,  1898,  the  mayor  shall 
appoint  for  each  of  the  said  boroughs,  nine 
persons,  to  constitute  the  school  board  in  the 
said  boroughs,  respectively;  three  of  whom 
shall  be  appointed  for  one  year,  three  for 
two  years  and  three  for  three  years,  and  their 
terms  of  office  shall  be  designated  in  their 
letters  of  appointment.  They  shall  take 
office,  and  their  terms  shall  commence  on  the 
first  day  of  February  succeeding  their  ap- 
pointment. As  their  terms  respectively  ex- 
pire, the  mayor  shall  appoint  their  successors 
for  a full  term  of  three  years. 

The  powers,  duties  and  functions  of  the 
board  of  education  of  Long  Island  City,  and 
of  all  other  boards  o^f  educaUon  within  the 
territory  by  this  act  consolidated  into  the  city 
of  New  York,  and  of  the  trustees  of  com- 
mon schools  for  the  school  districts  included 
in  the  city  of  New  York  as  constituted  by 
this  act,  shall  cease  and  determine,  and  their 
offices  shall  be  abolished  on  the  first  day  of 
February,  1898;  and  the  jurisdiction  and 


powers  of  school  commissioners  within  the 
territory  of  the  city  of  New  York  as  consti- 
tuted by  this  act,  shall  cease  at  the  same 
time. 

The  term  of  office  of  all  members  of  the 
: school  boards,  save  a®  in  this  section  other- 

1 wise  provided,  shal!  be  three  years.  The 
members  of  each  school  board  shall  be  ap- 
pointed from  the  residents  of  the  respective 
boroughs  in  which  they  are  to  serve.  Va- 
cancies in  said  board,  caused  by  death,  resig- 
nation, removal  from  the  borough,  or  other- 
wise, shall  be  filled  by  the  mayor  for  the  un- 
expired terra.  Members  of  the  school  boards 
shall  hold  no  office  of  emolument  under  the 
city,  county,  state,  or  national  government, 
except  the  offices  of  notary  public,  or  com- 
missioner of  deeds,  or  offices  in  the  National 
guard. 

Board  of  education:  liow  constituted; 
l»rcsi»iciit:  vacancies:  members  to 

serve  Tvitliont  pay. 

Sec.  1,062.  There  shall  be  in  the  city  of 
New  York  as  constituted  by  this  act,  a board 
of  education,  which  shall  have  the  manage- 
ment and  control  of  the  public  schools  and 
of  the  public  school  system  of  the  city,  sub- 
ject only  to  the  general  statutes  of  the  state 
relating  to  public  schools  and  public  school 
instruction,  and  to  the  provisions  of  this  act. 
The  board  of  education  of  the  city  of  New 
York  shall  consist  of  nineteen  mehibers, 
and  shall  be  composed  as  ' follows;  Of  the 
chairman  of  each  of  the  school  hoards  pro- 
• vided  for  by  the  last  preceding  section,  by 
Virtue  of  his  office,  and  of  ten  delegates  elect- 
ed by  the  school  beard  of  the  'boroughs  of 
Manhattan  and  the  Bronx,  and  of  five  dele- 
gates elected  by  the  school  board  of  the  bor- 
ough of  Brooklyn,  to  be  chosen  from  the 
membership  of  said  school  boards,  respec- 
tively. The  members  of  the  board  of  educa- 
tion so  elected  shall  serve  for  one  year  and 
until  their  successors  are  chesen.  On  the 
third  Monday  of  February,  in  the  year  1898 
and  in  every  year  thereafter,  the  said  board 
of  education  shall  organize  by  electing  one 
of  its  members  as  president  of  the  'board, 
who  shall  preside  at  its  meetings,  and  shall 
have  the  same  power  to  vote  there®'t  as  any 
other  member,  but  who  shall  not  have  the 
power  of  veto.  Any  vacancy  in  the  office  of 
members  of  the  hoard  of  education,  caused 
by  death,  resignation,  or  otherwise,  shall  be 
filled  for  the  un expired  term  in  the  same 
manner  as  the  officer  whose  office  is  vacated 
was  chosen  or  elected.  Members  of  the  board 
of  education  and  of  the  several  school  boards 
shall  serve  without  pay. 

Id.;  to  possess  powers  and  privileges 
of  a corporation. 

Sec.  1,063.  For  the  purposes  of  this  chapter, 
the  heard  of  education  of  the  city  of  New 
York  shall  possess  the  powers  and  privileges 
of  a corporation. 

Id.;  to  l>e  representative  of  school 
system;  to  require  and  revise  esti« 
mates  from  school  boards;  to  snhmit 
estimate  for  entire  school  system. 

Sec.  1,064.  The  board  of  education  shall 
represent  the  schools  and  the  school  system 
of  the  city  of  New  York  before  the  board  of 
estimate  and  apportionment,  and  before  the 
municipal  assembly  in  all  matters  of  ap- 
propriations in  the  budget  of  the  city  for 
educational  purposes,  and  In  all  other  mat- 
ters, and  shall,  in  general,  be  the  representa- 
tive of  the  school  system  of  the  city  in  its 
entirety.  The  said  board  shall  require  from 
each  school  board  estimates  in  detail  of  tho 
moneys  needed  for  the  administration  of  the 
department  of  education  in  its  borough,  and 
it  shall  be  the  duty  of  each  school  board,  when- 
«vei  required  by  the  board  of  education,  Jo 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


lOT 


transmit  such  estimates  to  the  said  board. 
The  board  of  education  shall,  thereupon,  re- 
state, rearrange,  revise,  and  verify  such  es- 
timates so  as  to  form  an  estimate  for  the 
entire  school  system  of  the  city,  which  it 
shall  submit,  properly  divided  into  items  un- 
der the  general  school  fund  and  the  special 
school  fund,  to  the  board  of  estimate  and 
apportionment  for  its  action. 

Id.!  administers  special  fnnd;  appor- 
tions genei-al  fund  and  files  record 

witU  controller. 

Sec.  1,065.  The  special  school  fund  shall  bo 
administered  by  the  board  of  education.  The 
general  school  fund  shall  be  administered  by 
the  respective  school  boards  and  shall  be  ap- 
portioned by  the  board  of  education  among 
the  different  school  boards  of  the  city  as  fol- 
lows: 

(1.)  A distributive  quota  to  each  school 
board  of  $100  for  every  qualified  teacher,  or 
for  successive  qualified  teachers  who  shall 
have  actually  taught  in  the  schools  under  the 
charge  of  the  board  during  a term  of  not  less 
than  thirty-tw'o  weeks  of  five  successive  days 
each,  inclusive  of  legal  holidays. 

(2.)  The  remainder  of  such  general  school 
fund  shall  be  apportioned  among  the  said 
school  boards  by  the  said  bo^ard  of  education 
in  proportion  to  the  aggregate  number  of  days 
of  attendance  of  the  pupils  resident  in  the 
boroughs  under  their  charge,  between  the 
ages  of  five  and  eighteen  years,  at  their  re- 
spective schools,  during  the  last  preceding 
school  year,  and  also  of  such  pupils  resident 
therein  over  four  years  of  age.  as  shall,  dur- 
ing the  last  preceding  school  year,  have 
attended  any  kindergarten  schools  established 
under  the  direction  of  the  school  boards  or 
any  of  them,  pursuant  to  the  provisions  of 
this  act.  The  aggregate  number  of  days  in 
attendance  of  the  pupils  is  to  be  ascertained 
from  the  records  thereof  kept  by  the  teachers, 
as  hereinafter  prescribed,  by  adding  together 
the  whole  number  of  days  of  attendance  of 
each  and  every  such  pupil  in  the  schools 
under  the  charge  of  the  respective  school 
boards.  The  board  of  education  shall  file  a 
record  of  theii  apportionment  of  the  general 
school  fund  and  of  ail  appropriations  from 
the  special  school  fund,  with  the  controller. 

Id.j  May  direct  controller  to  witliUold 

certain  appi'opriations. 

Sec.  1,066.  The  board  of  education  shall 
have  power  to  direct  the  controller  to  with- 
hold from  any  school  board  any  part  of  the 
moneys  apportioned  to  it  upon  the  basis  of 
the  number  of  teachers  employed  in  any 
school  under  its  charge,  whenever  the  city 
superintendent  of  schools  shall  report  in  writ- 
ing to  said  board  of  education  that  the  provis- 
ions of  the  state  school  laws,  or  of  this  chap- 
ter, or  of  the  bylaws  of  the  board  of  educa- 
tion in  any  way  relating  to  such  school  or 
to  its  teachers,  are  not  being  complied  with; 
and  when  thereafter  the  city  superintendent 
shall  report  in  writing  to  the  board  of  educa- 
tion that  the  provisions  of  the  state  school 
laws,  or  of  this  chapter,  or  of  the  bylaws  of 
the  board  of  education,  are  being  satisfactor- 
ily complied  with  in  said  school,  it  shall  be 
the  duty  of  the  board  of  education  to  direct 
the  controller  to  place  at  the  disposal  of  the 
school  board  concerned  the  school  moneys  so 
withheld. 

Id.;  to  one  and  control  certain  prem- 

iHefl;  honMing  the  school  board  of  the 

horongh  of  Manhattan  and  the  othei* 

borongbH. 

Sec.  1,067.  The  board  of  education  shall 
have  power  to  use  and  to  control  the  premises 
known  as  the  hall  of  the  board  of  education, 
at  the  corner  of  Grand  and  Elm  streets  in 
the  borough  of  Manhattan,  and  any  other 
buildings  to  be  occupied  for  like  purposes 


therein,  and  to  make  all  the  repairs,  altera- 
tions and  additions  in  and  to  the  said  building 
or  buildings  which  the  board  of  education  may 
authorize  and  deem  advisable.  And  it  shall  be 
its  duty  to  make  provision  'for  housing  rhe 
school  board  of  the  boroughs  of  Manhattan 
and  the  Bronx  in  such  building  or  in  any 
other  building  w'hich  may  be  so  occupied  by 
the  board  of  education.  The  board  of  educa- 
tion of  the  city  of  New  York  shall  provide  a 
meeting  room,  and  such  other  headquarters, 
offices  and  rooms, -as  they  may  deem  advisable 
within  the  boroughs  of  the  city  of  New  York, 
for  the  administration  of  the  powers  and 
duties  of  the  school  boards  of  the  other 
boroughs. 

Iff.!  to  di.spose  of  peivsonal  property; 

disposition  of  proceeds. 

Sec.  1,068.  The  board  of  education  shall 
have  power,  in  the  name  of  the  city  of  New 
York  and  for  said  city,  to  dispose  of  such 
personal  property  used  in  the  schools  or  other 
buildings  under  the  charge  of  said  board,  as 
the  school  board  of  the  borough  concerned 
shall  by  resolution  certify  is  no  longer  re- 
quired for  use  therein,  and  all  moneys  realized 
by  the  sale  thereof  shall  be  paid  into  the 
city  treasury  and  shall  at  once  be  appropri- 
ated by  the  board  of  estimate  and  apportion- 
ment to  the  special  school  fund  of  the  board 
of  education  for  use  in  the  borough  in  which 
the  property  sold  was  situated. 

Board  of  education;  to  appoint  certain 

oflicers.  clerks,  etc.,  and  fix  tlieir 

salaries. 

Sec.  1,069.  The  said  board  of  education  shall 
have  power  to  appoint  a secretary  of  the 
beard,  a superintendent  of  school  buildings, 
who  shall  be  an  architect  of  experience  and 
good  standing,  and  whose  term  of  office 
shall  be  for  six  years;  a superintendent  of 
school  supplies,  whose  term  of  office  shall  be 
for  six  years;  a city  superintendent  of 
schools  for  the  term  of  six  years  and  one  or 
more  auditors,  as  may  be  necessary  in  the 
judgment  of  the  board,  upon  whose  certifi- 
cate accounts  against  the  said  board,  or 
charges  upon  either  the  special  or  general 
school  fund  may  be  paid  when  countersigned 
by  the  proper  officers,  as  the  bylaws  of  the 
said  board  of  education,  with  the  approval 
of  the  controller  of  the  city,  may  direct. 
The  said  board  may  appoint  a chief  clerk 
and  such  other  officers,  clerks,  or  subordi- 
nates as  it  may  deem  necessary  for  its  ad- 
ministrative duties,  and  as  are  provided  for 
by  the  proper  appropriation.  The  city  super- 
intendent of  schools,  the  secretary  of  the 
board,  the  superintendent  of  school  buildings, 
the  superintendent  of  school  supplies,  the  au- 
ditor or  auditors,  and  any  other  officers, 
clerks  or  subordinates  of  the  board,  may,  any 
or  either  of  them,  be  removed  for  cause  at 
any  time  by  a vote  of  three-fourths  of  all  of 
the  members  of  the  board  of  education.  The 
said  beard  shall  fix  and  regulate  within  the 
proper  appropriation  the  salaries  or  compen- 
sation of  the  secretary  of  said  board;  of  the 
superintendent  of  school  buildings;  of  the 
superintendent  of  supplies;  of  the  auditor  or 
auditors;  of  the  city  superintendent  of 
schools;  of  members  of  the  board  of  ex- 
aminers, and  of  any  other  officers,  clerks  or 
subordinates,  and  it  may  fill  any  vacancies 
in  such  offices  or  positions. 

Id.;  power  to  enact  bylaws,  rales  and 

regulatiqns. 

Sec.  1,070.  The  board  of  education  shall 
have  power,  subject  to  the  provisions  of  law 
and  of  this  act,  to  enact  bylaws,  rules  and 
regulations  for  the  proper  execution  of  all 
duties  devolved  upon  the  board,  its  members 
and  committees;  for  the  transaction  of  all 
business  pertaining  to  the  same;  for  defining 


the  duties  of  the  city  superintendent  of 
schools,  the  superintendent  of  school  build- 
ings, the  superintendent  of  school  supplies, 
of  its  auditor  or  auditors,  its  clerks  and  sub- 
ordinates; for  regulating  the  manner  of  mak- 
ing disbursements  from  any  of  the  funds  ap- 
portioned to  any  borough  for  school  purposes, 
for  the  proper  execution  of  all  powers  vested 
in  it  by  law,  and  for  the  promotion  of  the 
welfare  and  best  interests  of  the  public 
schools  and  public  school  system  of  the  city 
in  the  matters  committed  to  its  care. 

Ifi.;  .secretary;  antics;  secretary  and 
cbief  clerk  may  aamlnlster  oatlis. 
Sec.  1,071.  The  secretary  of  the  board  of 
education  shall  have  charge  of  the  rooms, 
books,  papers  and  documents  of  the  board, 
and  shall,  in  addition  to  his  duties  as  secre- 
tary of  the  board,  perform  such  other  duties 
as  may  be  required  by  its  members  or  com- 
mittees. The  secretary  and  the  chief  clerk 
of  said  board  are  authorized  to  administer 
oaths  and  take  affidavits  in  all  matters  ap- 
pertaining to  the  schools  in  the  city  of  New 
York,  and  for  that  purpose  shall  possess  all 
the  powers  of  a commissioner  of  deeds,  but 
shall  not  be  entitled  to  any  of  the  fees  or 
emoluments  thereof. 

Id.;  provide  fox'  Imreau.s,  etc.,  in  bor- 
ons^'Iis. 

Sec.  1,072.  The  board  of  education  shall 
make  provision  for  the  organization  in  the 
various  boroughs  of  such  bureaus  as  they  may 
deem  necessary  in  the  departments  of  the 
superintendents  of  school  buildings  and  of 
school  supplies,  and  shall  make  such  provis- 
ion by  its  bylaws  as  will  enable  each  school 
board  to  secure  prompt  and  efficient  service 
for  the  planning  and  erection  of  new  build- 
ings for  school  purposes,  and  for  the  altera- 
tion and  repair  of  existing  buildings  -and  for 
the  regulation  of  the  purchase  and  distribu- 
tion of  school  books  and  supplies,  and  for  the 
preservation  of  all  school  records. 

Superisitcndciit  of  school  building’s; 
oatb  and  secui-ity  by;  subject  to  reg- 
ulations of  boai'd;  vacancy  in  office. 
Sec.  1,073.  The  superintendent  of  school 
buildings  shall  take  and  subscribe  before  th9 
secretary  or  the  chief  clerk  of  the  board  of 
education,  the  oath  prescribed  by  the  consti- 
tution of  this  state,  and  give  such  security 
for  the  faithful  performance  of  the  duties  of 
his  office  as  the  board  of  education  may  di- 
rect; and  the  department  under  his  charge 
shall  be  subject  to  such  rules  and  regulations 
as  the  board  may  establish,  one  of  which  shall 
prohibit  the  performance  by  him  of  any  work 
on  any  other  account,  similar  to  that  performed 
under  the  regulations  so  established,  except 
for  the  college  of  the  city  of  New  York  and 
the  normal  college  of  the  city  of  New  York, 
and  like  institutions  in  the  department  of  ed- 
ucation. Any  vacancy  in  the  said  office  of 
superintendent  of  schooi  buildings  shall  bo 
filled  by  appointment  for  the  unexpired  term. 

Id.;  deputy  in  eacb  borougb;  plans  for 
school  buildings. 

Sec.  1,074.  The  superintendent  of  school 
buildings  may  appoint  a deputy  superintend- 
ent for  each  of  the  boroughs,  who  shall  be  an 
architect  or  engineer  of  good  standing,  and, 
with  the  authority  of  the  board  of  education, 
he  may  empower  a deputy  superintendent  in 
his  place  and  stead  to  execute  all  the  duties 
of  superintendent  and  such  other  duties  as  the 
board  of  education  may,  by  regulatio-n,  pre- 
scribe. All  plans  for  new  school  buildings, 
tor  additions  to  school  buildings  and  for 
structural  changes  in  old  buildings,  shall  be 
passed  upon  and  must  be  approved  by  the  su- 
perintendent of  school  buildings,  who  shall 
then  submit  such  plans  to  the  school  board  of 
the  borough  wherein  such  buildings  are  to  be 


108 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


orec;tocl  or  such  additions  or  changes  are  to 
be  made,  who  shail  thereupon  transmit  such 
plans  with  such  suggestions,  in  writing,  as 
they  may  see  fit  to  make,  to  the  board  of 
education,  whose  action  thereon  shall  be 
final. 

I<1.;  ni>i>ointmeiit  aii«l  removal  of  jan- 
itor.s. 

Sec.  l.Olo.  Janitors  shall  be  appointed  by 
the  school  board  on  the  nomination  of  the 
superintendent  of  school  buildings.  All  such 
nominations  shall  be  from  a preferred  list  of 
duly  qualified  persons  certified  to  and  on  file 
in  the  office  of  superintendent  of  school  build- 
ings. Janitors  nay  be  removed  by  the  school 
board  on  complaint  of  the  principal  of  the 
school,  the  superintendent  of  school  build- 
ings, or  a member  of  the  school  board. 

Hoard  of  education;  imrelin.se  of,  and 
res'nlatloiiw  resardiiift'  suiiiilies. 

Sec.  1,0"6.  Tlie  board  of  education  shall 
provide  for  the  purchase'  of  all  books,  ap- 
paratus, stationery  and  other  things  necessary 
and  expedient  to  enable  the  schools  of  the  city 
to  be  properly  and  successfully  conducted. 
It  shall  cause  to  be  furnished  all  necessary 
supplies,  and  shall  make  regulations  for  the 
furnishing  thereof  to  the  schools  in  the  sev- 
eral borougns,  and  for  the  accounting  for  the 
same  by  the  several  school  boards.  The 
board  of  education  shall  have  power  to  enact 
bylaws  and  resolutions  for  the  government 
of  the  superintendent  of  supplies,  which  by- 
laws and  resolutions  shall  provide  that  all 
supplies,  as  far  as  possible,  shall  be  obtained 
by  contract,  for  w’bich  proposals  shall  be  ad- 
vertised for  a period  of  at  least  two  weeks. 

Id.;  advertisiug-  for  contracts;  security 
for  performance. 

Sec.  1,077.  The  board  of  education  shall 
have  power  by  its  bylaws  to  prescribe  the  pe- 
riod of  all  advertising  for  contracts  to  be 
entered  into  by  or  in  behalf  of  the  said 
board,  the  rules  which  are  to  determine  the 
acceptanceorrejectionof  allbidsgiven  for  any 
w’ork,  labor  or  materials  advertised  for,  and 
the  security  to  be  required  to  insure  the  per- 
formance of  such  contract. 

Superintendent  of  snijplies;  oath  and 
security  by:  subject  to  res’nlatioii.s  of 
board;  vacancy;  deputy  superintend - 
ent.s  and  snboi’diiiates;  dei>ots  of  sup- 
plies. 

Sec.  1,07S.  The  superintendent  of  school  sup- 
plies shall  take  and  subscribe  before  the  sec- 
retary or  the  clerk  of  the  board  of  education 
the  oath  prescribed  by  the  constitution  of  this 
state,  and  shall  give  such  security  for  the 
faithful  performance  of  the  duties  of  his 
office  as  the  board  of  education  may  direct; 
and  the  department  under  his  charge  shall 
be  subject  to  such  rules  and  regulations  as  tne 
board  may  establish.  Any  vacancy  in  the 
said  office  of  superintendent  of  school  supplies 
shall  be  filled  by  appointment  for  the  unex- 
pired term.  Tne  superintendent  of  school 
supplies  may  appoint  such  deputy  superinten- 
dents and  such  other  subordinates  as  the 
bylaws  of  the  board  of  education  may  autho- 
rize, and  he  may,  with  the  authority  of  said 
board,  empower  a deputy  superintendent  in 
his  place  and  stead  to  execute  all  the  duties 
of  the  superintendent,  and  such  other  duties 
as  the  board  of  education  may  by  regulation 
prescribe.  Ho  shall  establish  such  depots 
of  supplies  in  any  of  the  boroughs  as  may  be 
authorized  by  the  board  of  education. 

City  sxipei-intcmlesit  of  scUool.s;  ris'bts 
and  duties. 

Sec.  1,079.  The  city  superintendent  of 
schools  shall  have  the  right  of  visitation  and 
inquiry  in  all  of  the  schools  of  the  city  of 
New  York  as  constituted  under  this  act,  and 
be  shall  report  to  the  board  of  education  on 


the  educational  system  ot  the  city,  and  upon 
the  condition  of  any  and  all  of  the  schools 
thereof,  but  he  shall  have  no  right  of  inter- 
ference with  the  actual  conduct  of  any  school 
In  the  city  of  New  York.  He  shall  have  a 
seat  in  the  board  of  education  and  the  right 
to  speak  on  all  matters  before  the  board,  but 
not  to  voce. 

Id.;  fui'tlier  dutie.s;  annual  report; 

elerlis  of  main  odicc. 

Sec.  1,080.  The  city  superintendent  of 
schools,  so  often  as  he  can  consistently  with 
his  other  duties,  shall  visii  the  schools  of  the 
city  as  he  shall  see  fit,  and  inquire  into  their 
courses  of  instruction,  management  and  disci- 
pline, and  shall  advise  and  encourage  the  pu- 
pils and  teachers  and  officers  thereof;  sub- 
ject to  the  bylaws  of  the  board  of  education, 
he  shall  prescribe  suitable  registers,  blanks, 
forms  and  regulations  for  the  making  of  all 
reports,  and  for  conducting  all  necessary  busi- 
ness connected  with  the  school  system  not  de- 
volved upon  the  borough  superintendent  by 
this  act,  and  he  shall  cause  the  same,  with 
such  information  and  instructions  as  he  shall 
deem  conducive  to  the  proper  organization 
and  government  of  the  schools,  and  the  due 
execution  of  their  duties  by  school  officers, 
to  bo  transmitte-d  to  the  officers  or  persons 
intrusted  v/ith  the  execution  of  the  same. 
He  shall  submit  to  the  board  of  education  an 
annual  report  containing  a statement  of  tho 
condition  of  the  schools  of  the  city,  and  all 
such  matters  relating  to  his  office  and  such 
plans  and  suggestions  for  the  improvement 
of  the  scliools  in  the  school  system,  and  for 
the  advancement  of  public  instruction  in  the 
city  of  New  York  as  he  shall  deem  expedient, 
and  as  the  bylaws  of  the  board  of  education 
may  direct.  He  may  appoint  such  clerks  as 
he  may  deem  necessary  and  as  are  authorized 
by  the  board  of  education,  but  the  compen- 
sation of  such  clerks  shall  not  exceed  in  the 
aggregate  the  amount  appropriated  therefor. 
He  shall  assign  his  clerks  to  their  various  au- 
ties,  and  may  suspend  or  discharge  them  for 
cause,  but  in  such  case  the  clerks  shall  have 
a right  of  appeal  to  the  board  of  education. 

He  shall  report  as  often  as  the  board  of  edu- 
cation shall  direct  upon  any  matter,  or  mat- 
ters, entrusted  to  his  charge,  in  such  detail 
as  shall  be  required  of  him.  He  shall  main- 
tain his  main  office  in  the  borough  of  Man- 
hattan, and  in  such  building  as  the  board  of 
education  shall  direct.  He  shall  have  power, 
at  any  time,  to  call  together  all  of  the  bor- 
ough superintendents  and  associate  superin- 
tendents for  consultation.  It  shall  further  be 
his  duty  to  report  any  case  of  gross  miscon- 
duct, insubordination,  neglect  of  duty,  or  gen- 
eral inefficiency  on  the  part  of  any  borough 
superintendent  or  associate  superintendent 
first  to  the  school  board  of  the  borough  con- 
cerned, and.  failing  of  remedy,  then  to  the 
board  of  education. 

Board  of  examiners;  teacliers’  licenses, 

etc. 

Sec.  1,081.  A board  of  examiners  is  here- 
by constituted,  w'hose  duty  it  shall  be  to  ex- 
amine all  applicants  requiring  to  be  licensed 
in  and  for  the  city  of  New  York,  and  to  issue 
to  those  who  pass  the  required  tests  of  charac- 
ter, scholarship  and  general  fitness,  such  li- 
censes as  they  are  found  entitled  to  receive. 

Such  board  of  examiners  shall  consist  of  the 
city  superintendent  of  schools,  together  with 
four  persons  appointed  by  the  board  of  edu- 
cation upon  the  nomination  of  the  city  super- 
intendent. The  terms  of  the  first  four  ex- 
aminers so  appointed  shall  be  one.  two,  three 
and  four  years,  respectively,  and  as  their 
terms  respectively  expire,  • their  successors 
shall  be  appointed  for  a full  term  of  four 
years,  which  shall  thereafter  be  the  full  and 
regular  term  of  office  of  said  examiners.  They 


shall  be  paid  such  compensation  for  services 
actually  rendered  as  the  board  of  education 
shall  prescribe. 

To  be  eligible  to  appointment  as  an  exam- 
iner, an  applicant  must  possess  some  one  of 
the  following  qualifications,  to  wit:  (a)  A de- 
gree or  diploma  of  graduation  from  a college 
or  university  recognized  by  the  regents  of 
the  university  of  the  state  of  New  York,  to- 
gether with  at  least  five  years’  successful  ex- 
perience in  teaching  since  graduation,  (b)  A 
state  certificate  obtained  as  the  result  of  an 
examination  held  since  1875,  together  with  at 
least  ten  years’  successful  experience  in  teach- 
ing. (c)  The  highest  certificate  for  a principal 
or  superintendent  in  force  when  this  act  takes 
effect  in  any  city  included  in  the  city  of  New 
York  as  constituted  by  this  act,  together  with 
at  least  ten  years’  successful  experience  in 
teaching. 

No  borough  superintendent,  associate  super- 
intendent, principal  or  teacher  in  the  city  of 
New  York  shall  be  allowed  to  serve  on  the 
board  of  examiners. 

Each  school  board,  on  the  recommendation 
of  the  borough  board  of  superintendents,  shall 
designate,  subject  to  the  requirements  of  the 
state  school  laws  in  force  when  this  act  takes 
effect  cr  that  may  thereafter  be  enacted,  the 
kinds  or  grades  of  licenses  to  teach  which  may 
or  shall  be  used  in  the  borough  or  boroughs 
under  its  charge,  together  with  the  academic 
and  professional  qualifications  required  for 
each  kind  or  grade  of  license,  and  shall  certi- 
fy the  same  to  . the  city  superintendent  of 
schools. 

Each  school  board,  on  the  recommendation 
of  the  borough  superintendents,  shall  also 
designate,  subject  to  the  like  limitations,  and 
shall  certify  in  like  manner,  the  academical 
and  professional  qualifications  required  for 
service  in  the  boroughs  under  Us  charge  of 
principals,  branch  principals,  supervisors, 
heads  of  departments,  assistants  and  all  other 
members  of  the  teaching  staff. 

The  board  of  education  on  the  recommenda- 
tion of  the  city  superintendent,  shall  desig- 
nate, subject  to  the  requirements  of  the  state 
school  laws  in  force  when  this  act  takes  effect 
or  that  may  thereafter  be  enacted,  the  mini- 
mum requirements  to  prevail  throughout  the 
city  for  all  officers  to  be  appointed  to  any 
supervising  or  teaching  position  under  any 
school  board. 

The  board  of  examiners  shall  hold  such 
examinations  as  the  city  superintendent  may 
prescribe,  and  shall  prepare  all  necessary 
eligible  lists.  The  city  superintendent  shall 
transmit  to  each  school  board  the  eligiblo 
lists  that  are  available  for  use  within  its 
jurisdiction. 

All  licenses  shall  be  issued  in  the  name  of 
the  city  superintendent  of  schools  and  shall 
state  on  their  face  in  what  borough  or  bor- 
oughs they  are  valid. 

Graduates  of  colleges  and  universities  recog- 
nized by  the  regents  of  the  University  of  the 
state  of  New  York,  who  have  pursued  for  not 
less  than  one  year  pedagogical  courses  there- 
in; graduates  of  schools  and  colleges  for  the 
training  of  teachers,  approved  by  the  state  su- 
perintendent of  public  instruction;  and  teach? 
ers  holding  a state  certificate  issued  by  the 
state  superintendent  of  public  instruction 
since  the  year  1875,  or  holding  a college  grad- 
uate’s certificate  issued  by  the  same  author- 
ity, may  be  exempted,  in  whole  or  in  part, 
from  such  examination  at  the  discretion  of 
the  city  superintendent.  The  names  of  those 
to  whom  licenses  have  been  granted,  includ- 
ing those  exempted  from  examination  and 
those  duly  licensed  in  the  several  boroughs 
prior  to  the  date  on  which  this  act  takes  ef- 
fect, shall  be  entered  by  the  city  superintend- 
ent upon  lists  to  be  filed  in  his  office,  a sepa<* 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


lot) 


rate  list  being  made  for  each  grade  or  kind 
of  license  for  which  the  board  of  education 
shall  by  its  by-laws  make  provision ; and  such 
lists  shall  always  be  open  to  the  inspection  of 
the  members  of  the  board  of  education,  the 
members  of  the  school  boards,  the  borough 
superintendents,  the  associate  superintend- 
ents, the  inspectors,  and  the  principals  of 
schools.  Except  as  superintendent  or  associ- 
ate superintendent,  as  supervisor  or  director 
of  a special  branch,  as  principal  of  or  teacher 
in  a training  school  or  high  school,  no  person 
shall  be  appointed  to  any  educational  position 
whose  name  does  not  appear  upon  the  proper 
list.  No  person  shall  teach  in  any  public 
school  in  the  city  who  has  not  such  license,  ex- 
cept as  herein  otherwise  provided,  nor  shall 
any  unlicensed  teacher  have  any  claim  for 
salary.  Licenses  to  teach  shall  be  issued  by 
the  city  superintendent  of  schools  for  a peri- 
od of  one  year,  which  may  be  renewed  without 
examination  in  case  the  work  of  the  holder  is 
satisfactory  to  the  borough  superintendent 
for  two  successive  years.  At  the  close  of  the 
third  year  of  continuous,  successful  service, 
the  city  superintendent  may  make  the  license 
permanent.  Authority  to  revoke  any  perma- 
nent license  for  cause  shall  be  vested  in  the 
state  superintendent  of  public  instruction. 

Id.;  school  officers  not  to  he  interested 

In  contracts;  removal  of. 

Sec.  1,082.  The  board  of  education  shall  have 
power  to  remove  from  oiEce  any -school  officer 
who  shall  have  been  directly  or  indireccly  in- 
terested in  the  furnishing  of  any  supplies  or 
materials,  or  in  the  doing  of  any  work  or  la- 
bor, or  in  the  sale  or  leasing  of  any  real  estate 
or  in  any  proposal,  agreement  or  contract  for 
any  of  these  purposes,  in  any  case  in  which 
the  price  or  consideration  is  to  be  paid,  in 
whole  or  in  part,  directly  or  indirectly,  out  of 
any  school  moneys,  or  who  shall  have  received 
from  any  source  whatever  any  commission  or 
compensation  in  connection  with  any  of  the 
matters  aforesaid;  and  any  school  officer  who 
shall  violate  the  preceding  provisions  of  this 
section  shall  be  deemed  guilty  of  a misde- 
meanor, and  upon  conviction  thereof  shall  be 
punished  by  a fine  not  exceeding  one  thousand 
dollars  or  imprisonment  in  the  city  prison  not 
exceeding  one  year,  or  both,  and  shall  also  be 
ineligible  to  any  school  office.  The  provisions 
of  this  section  shall  not  apply  to  au'thors  of 
school  books  used  in  any  of  the  public  schools 
because  of  any  interest  they  may  have  as 
authors  in  such  books. 

Id.;  public  scbool  feaclicrs’  retiremeiil 

fund. 

Sec.  1,083.  The  board  of  education  is  hereby 
given  the  general  care  and  management  of  the 
public  school  teachers’  retirement  fund 
created  by  this  act.  The  comptroller  of  the  city 
of  New  York  shall  hold  any  money  belonging 
to  said  fund,  and  by  direction  of  said  board 
of  education  shall  have  charge  of  and  admin- 
ister said  public  school  teachers’  retirement 
fund  as  it  shall  deem  most  beneficial  to  said 
fund,  and  is  empowered  to  make  all  neces- 
sary contracts  and  take  all  necessary  and 
proper  action  and  proceedings  in  the  prem- 
ises, and  to  make  payments  from  said  fund  of 
annuities  granted  in  pursuance  of  this  act; 
and  shall,  from  time  to  time,  establish  such 
rules  and  regulations  for  the  administration 
of  said  fund  as  it  may  deem  best;  which 
rules  and  regulations  shall  carefully  preserve 
all  rights  Inhering  in  the  teachers  of  the  city 
of  New  York  as  constituted  prior  to  the  pas- 
sage of  this  act.  And  the  comptroller  of  the 
city  of  New  York  shall  report  in  detail  to  the 
board  of  education  of  the  city  of  New  York, 
annually,  in  the  month  of  January,  the  condi- 
tion of  said  fund,  and  the  items  of  the  re- 
ceipts and  disbursements  on  account  of  the 


same.  The  public  school  teachers’  retirement 
fund  herein  provided  for  shall  consist  of  the 
foiiowing,  with  the  interest  and  income  there- 
of: (1)  All  money,  pay,  compensation  or  sal- 
ary, or  any  part  thereof,  forfeited,  deducted 
or  withheld  from  any  teacher  or  teachers  for 
and  on  account  of  absence  from  duty  for  any 
cause.  The  secretary  of  the  board  of  educa- 
tion shail  certify  monthly  to  the  comptroller 
the  amounts  so  deducted  from  the  salaries 
of  teachers  during  the  preceding  month.  (2) 
All  moneys  received  from  donations,  legacies, 
gifts,  bequests  or  otherwise,  for  and  on  ac- 
count of  said  fund.  (3)  Five  per  centum  an- 
nually of  all  excise  moneys  or  license  fees  be- 
longing to  the  city  of  New  York,  as  consti- 
tuted by  this  act,  and  derived  or  received  by 
any  commissioner  of  excise  or  public  officer, 
from  the  granting  of  licenses  or  permission  to 
sell  strong  or  spirituous  liquors,  ale,  wine  or 
beer  in  the  city  of  New  York,  under  the  pro- 
visions of  any  law  of  this  state  authorizing 
the  granting  of  any  such  licenses  or  permis- 
sion. The  comptroller  of  the  city  of  New  York 
shall  hold  such  moneys,  together  with  any 
other  moneys  belonging  to  said  fund,  and  by 
direction  of  the  said  board  of  education  shall  i 
have  .charge  of  and  administer  the  same  as 
hereinbefore  in  this  section  provided.  (4)  .Ml 
such  other  methods  of  increment  as  may  be 
duly  and  ie.gally  devised  for  the  in- 
crease of  said  fund.  On  and  after 

the  passage  of  this  act  the  board 

of  education  shall,  by  amending  its  by- 
laws relating  to  the  excuse  of  absence  of 
teachers  with  pay,  so  provide  that  the  aggre- 
gate of  the  several  sums  deducted  or  forfeited 
on  account  of  absence  from  duty  shall  be  fully 
adequate  to  meet  the  demands  made  upon  the 
public  school  teachers’  retirement  fund  from 
the  payment  of  annuities  as  herein  provided 
Said  board  of  education  shall  have  power,  by 
a two-thirds  vote  of  all  its  members,  and  af- 
ter a recommendation  to  that  effect  shall 
have  been  made  by  the  city  superintendent  of 
schools,  stating  that  the  teacher  is  mentally 
or  physically  incapacitated  for  the  perform- 
ance of  duty,  to  retire  any  female  teacher  of 
the  public  schools,  including  special  teachers 
in  the  same,  who  shall  have  taught  therein 
during  a period  aggregating  thirty  years, 
and  to  retire  any  male  teacher  of  said  schools 
w'ho  shall  have  taught  therein  during  a period 
aggregating  thirty-five  years.  The  board  of 
education  may,  also,  in  its  discretion,  retire 
such  teachers  upon  their  own  application,  af- 
ter the  like  period  of  service.  Any  teacher  so 
retired  shall  thereafter  be  entitled  to  receive 
as  an  annuity  one-half  the  annual  salary  paid 
to  said  teacher  at  the  date  of  said  retirement, 
not  to  exceed,  however,  in  any  case,  the  sTim 
of  one  thousand  dollars  per  annum.  The  said 
board  is  hereby  given  the  power  to  use  both 
the  principal  and  the  Income  of  said  fund,  and 
to  manage,  accumulate  and  otherwise  control 
the  same  as  said  beard  shall  provide  by  its 
bylaws,  and  to  pay  the  annuities  hereinbefore 
mentioned,  and  it  shall  have  pow-er,  from  time 
to  time,  to  reduce  the  amount  of  annuities  of 
all  beneficiaries  of  said  fund,  provided  only 
that  such  reduction  shall  be  at  the  same  rate 
per  centum.  None  of  the  provisions  of  this 
section  shall  apply,  however,  to  any  teacher 
in  any  school  in  the  Borough  of  Brooklyn, 
who  is. entitled  to  any  benefit  under  the  fund 
mentioned  in  section  eleven  hundred  and 
nineteen  of  this  act  until  after  his  removal 
from  said  borough,  except  that  the  five  per 
centum  of  the  excise  moneys  herein  provided 
to  be  paid  into  said  teachers’  retirement  fund 
shall  be  apportioned  by  the  board  of  education 
among  the  several  boroughs  of  the  city  of 
New  York,  as  now  constituted,  in  proportion 
to  the  number  of  teachers  actually  employed 


and  the  amount  of  salaries  paid  to  them,  in 
each  of  said  boroughs.  When  a teacher  is 
transferred  to  the  Borough  of  Brooklyn,  a 
sum  equal  to  one  per  centum  of  the  amount 
paid  to  such  teacher  during  said  teacher’s 
service  in  the  city  of  New  York  as  consti- 
tuted prior  to  the  passage  of  this  act,  since 
the  date  on  which  the  public  school  teachers’ 
retirement  fund  of  Brooklyn  was  created, 
shall  be  paid  into  the  said  Brooklyn  retire- 
ment fund  and  inure  to  the  teacher's  benefit 
in  that  fund  under  the  rules  governing  the 
same.  [Thus  amended  by  Chapter  t)l.  Laws 
of  1898.]. 

f«l.;  Jiuiiiial  report  to  state  snperin- 

leiideiit  of  public  instruction. 

Sec.  1,084.  The  board  of  education  shall, 
between  the  first  day  of  August  and  the  30th 
day  of  September  in  each  year,  make  and 
transmit  to  the  state  superintendent  of  pub- 
lic instruction  a report  in  writing  for  the 
state  school  year  ending  on  the  next  preced- 
ing 31sit  day  of  July,  which  report  shall  be 
in  such  form  and  shall  state  such  facts  as 
the  state  superintendent  and  the  school  laws 
of  the  state  shall  require. 

Id.;  annual  report  to  mayor;  other  re- 

ITOrts  to  mayor. 

Sec.  1,085.  The  board  of  education  shall, 
between  the  first  day  of  August  and  the  30th 
day  of  November  in  each  year,  make  and 
transmit  to  the  mayor  of  the  city  of  New 
York  a report  in  writing,  bearing  date  on  the 
31st  day  of  July  next  pr*eceding,  stating  the 
whole  number  of  schools  within  their  juris- 
diction, specially  designating  the  schools  for 
colored  children;  the  schools  or  societies  from 
which  reports  shall  have  been  made  to  the 
board  of  education,  within  the  time  limited 
for  that  purpose;  the  length  of  time  such 
school  shall  have  been  kept  open;  the  amount 
of  public  money  apportioned  or  appropriated 
to  said  school  or  society,  the  number  taught 
in  each  school,  the  whole  amount  of  money 
drawn  from  the  city  chamberlain  for  the  pur- 
poses of  public  education  during  the  year 
ending  at  the  date  of  their  report,  distin- 
guishing the  amount  received  from  the  gen- 
eral fund  of  the  state  and  from  all  other 
sources;  the  manner  in  w’hicn  such  moneys 
shall  have  been  expended;  and  such  other 
information  as  the  mayor  may  from  time  to 
time  require  in  relation  to  common  school 
education  in  the  city  of  New  York.  The 
board  of  education  shall  make  such  other  re- 
ports to  the  m.ayor  as  he  may  call  for,  and 
at  such  times-  as  he  shall  require. 

Coiitiiimatioii  of  yearly  contracts  Tvitli 

teaclier.s  in  territory  consolidated. 

Sec.  1,086.  All  yearly  school  contracts  by  and 
betw'een  the  local  school  authorities  of  any 
school  district  whose  territo.rj'  is  so  annexed 
and  consolidated  by  this  act  and  the  teachers 
in  such«district,  as  such  yearly  contracts  ex- 
ist at  the  time  when  this  act  shall  take  effect, 
shall  in  all  respects  continue  until  the  expira- 
tion of  the  yearly  term  named  therein,  and 
shall  be  so  continued  by  the  board  of  educa- 
tion of  the  city  of  New  York,  through  the 
proper  school  board. 

Removal.s  1>y  mayor  for  nes'lect  or  mis> 

conduct  after  liearins'. 

Sec.  1,087.  Any  member  of  the  board  of  edu- 
cation of  a borough  school  board,  or  any  in- 
spector of  common  schools  in  the  city  of 
New  York,  may  be  removed  by  the  mayor  of 
said  city,  upon  proof  either  of  cfficiai  mis- 
conduct in  office  or  negligence  of  official 
duties,  or  of  conduct  in  any  manner  con- 
nected with  his  official  duties,  or  otherwise, 
which  tends  to  discredit  his  office  or  the 
school  system,  or  for  mental  or  physical  in- 
ability to  perform  his  duties  as  member  or 


110 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


Inspector,  but  before  such  removal  of  said 
member  or  inspector  he  shall  receive  due  and 
timely  notice  in  writing  of  the  charges  and  a 
copy  thereof,  and  shail  be  entitied  to  a hear- 
ing on  like  notice  before  the  mayor  and  to 
the  assistance  of  counsel  on  said  hearing. 


' all  matters  committed  to  it  concerning  the 
public  schools  and  the  public  school  system 
oif  the  city  in  said  borough. 

Id.;  powers  to  tlx  salaries. 


Oatli  of  appointees  to  seliool  ofiice. 

Sec.  1,088.  Every  person  appointed  to  a 
school  office  in  said  city  or  in  any  borough 
thereof,  shall  before  entering  upon  the  duties 
of  his  office  and  wthin  fifteen  days  of  the 
time  of  being  notified  of  his  appointment  to 
fill  a vacancy,  take  and  subscribe  before  the 
secretary  or  the  clerk  of  the  board  of  educa- 
tion the  oath  of  office  prescribed  by  the  con- 
stitution of  the  state,  and  the  school  office 
as  to  which  any  person  shall  omit  to  take 
the  oath  within  the  time,  and  in  the  manner 
above  prescribed,  shall  be  vacant  at  and  from 
the  expiration  of  the  fifteen  days. 

Id.;  organization;  secretary  and  em- 
ployes; dnties  and  bond  of  secretary. 

Sec.  1,089.  The  school  board  in  each  of  the 
boroughs  shall  organize  on  the  second 
Wednesday  of  February  next  ensuing  after 
the  appointment  of  its  members  and  choose 
a president  from  its  own  members,  and  elect 
Its  delegates,  if  any,  to  the  board  of  educa- 
tion, and  shall,  from  time  to  time,  as  may  be 
necessary,  appoint  and  remove  subject  to  the 
provisions  of  this  chapter,  a secretary,  as- 
sistant secretary  or  chief  clerk,  and  such 
clerks,  subordinates,  and  employes  as 
may  be  required  for  the  administrative  du- 
ties of  the  board,  and  as  may  be  authorized 
by  this  chapter  or  by  the  board  of  education 
of  the  city  of  New  York,  and  be  provided 
for  by  the  proper  appropriation.  The  secre- 
tary shall  discharge  such  financial  duties  as 
may  be  prescribed  by  the  board  of  educa- 
tion and  the  controller  of  the  city  of  New 
York,  and  he  shall  give  a bond  in  such 
amount  and  in  such  form  to  the  city  of  New 
York  as  the  board  of  education  of  said  city, 
w'ith  the  approval  of  the  controller,  may  by 
ite  bylaw  or  resolution  require. 

I«l.;  powers  aiul  duties. 

Sec.  1,090.  Each  school  board,  subject  to 
the  direction  and  control  of  the  board  of 
education  and  in  accord  with  the  bylaws  of 
the  board  of  education,  shall  have  the  sate 
keeping  of  all  the  premises  and  other  proper- 
ty used  for  or  belonging  to  the  schools  in 
the  borough.  A school  board  shall  have  pow- 
er to  choose  and  to  determine  the  sites  for 
all  school  buildings,  and  for  additions  tberefo, 
witbin  its  jurisdiction,  and  it  shall  be  its 
duty  to  transmit  from  time  to  time  such  de- 
terminations to  the  board  of  education,  by 
resolutions  which  shall  be  certified  and  trans- 
mitted in  accordance  with  the  bylaws  there- 
of. 

Each  schpol  board  dhall  have  power  to 
adept  bylaws  regulating  the  exercise  of  all 
powers  and  duties  vested  in  if  by  law,  which 
bylaws,  however,  shall  net  conflict  with  the 
bylaws  of  the  board  of  education  which  that 
board  may  bo  authorized  by  law'  to  adopt  in 
the  premises,  nor  wiih  the  provisions  of  this 
chapter.  And  the  said  school  board  shall  have 
power  to  provide  by  such  bylaws  for  the  gov- 
ernment and  managemenf  of  the  schools  in 
the  borough,  for  defining  the  duties  and  reg- 
ulating the  exercise  of  the  powers  of  its  mem- 
bers and  committees  and  of  all  school  offi- 
cers, the  borough  superintendent  and  asso- 
ciate superintendents,  principals  or  teachers, 
clerks,  assistants  and  employes  and  for  the 
regulation  of  all  disbursements  from  the  gen- 
eral school  fund  in  the  borough,  and  for  the 
promotion  and  welfare  and  best  interest  of 


Sec.  1,091.  Each  school  board  shall  have 
power  to  adopt  by-laws  fixing  the  salaries  of 
the  borough  and  associate  superintendents, 
of  principals,  and  branch  principals,  and  of  all 
other  members  of  the  supervising  and  teach- 
ing staff,  and  such  salaries  shall  be  regulated 
by  merit,  by  the  grade  of  class  taught,  by  the 
length  of  service,  or  by  the  experience  in 
teaching  of  the  incumbent  in  charge,  or  by 
such  a combination  of  these  considerations  as 
the  school  board  may  deem  proper.  Said  sal- 
aries need  not  be  uniform  throughout  all  the 
several  boroughs,  nor  in  any  two  of  them,  nor 
throughout  any  one  borough.  The  salaries 
fixed  and  established  and  duly  payable  in  the 
different  schools  of  the  territory  hereby  con- 
solidated as  these  salaries  were  on -the  first 
day  of  January,  eighteen  hubdred  and  ninety- 
eight,  shall  be  and  remain  the  salaries  in  the 
schools  of  the  several  boroughs,  hereby  consti- 
tuted, until  the  same  shall  be  changed  or  mod- 
ified as  provided  tor  in  this  section.  No  reg- 
ular teacher  in  the  public  schools  of  any  of 
the  boroughs  shall  be  paid  a sum  less  than 
six  hundred  dollars  per  annum.  No  teacher 
shall,  after  ten  years  of  service  in  the  public 
schools  of  said  boroughs,  receive  less  than 
nine  hundred  dollars  per  annum;  nor  shall 
any  teacher,  after  fifteen  years  of  service  in 
said  schools  receive  less  than  twelve  hundred 
dollars  per  annum;  and  no  vice  principal,  head 
of  department  or  first  assistant  in  said  schools 
shall  he  paid  less  than  fourteen  hundred  dol- 
lars per  annum;  and  no  male  teacher  after 
twelve  years  of  service  in  said  schools  shall 
receive  less  than  tw'o  thousand  and  one  hun- 
dred and  sixty  dollars  per  annum;  provided, 
however,  that  the  service  of  such  teacher, 
vice  principal,  head  of  department  or  first 
assistant  shall  have  been  approved  after  in- 
spection and  investigation  as  fit  and  merit- 
orious by  a majority  of  the  borough  board  of 
school  superintendents.  For  all  purposes  af- 
fecting the  increase  of  salaries  of  the  teach- 
ers in  any  school,  the  principal  of  such  school 
shall  have  a seat  in  the  borough  board  of  sup- 
erintendents with  a vote  on  all  increases  of 
salaries  of  teachers  in  said  school,  the  salaries 
of  the  women  principals  In  said  schools  shall 
be  increased  by  the  addition  of  two  hundred 
and  fifty  dollars  in  each  year  until  they  shall 
receive  the  sum  of  two  thousand  and  five  hun- 
dred dollars  per  annum;  and  the  salaries  oj 
the  male  principals  in  said  schools  shall  be  in- 
creased by  the  addition  of  two  hundred  and 
fifty  dollars  in  each  year  until  they  shall  re- 
ceive the  sum  of  three  thousand  and  five  hun- 
dred dollars  per  annum;  and  no  male  princi- 
pal, after  ten  years  of  service  as  principal  in 
said  schools,  shall  receive  less  than  three 
thousand  five  hundred  dollars  per  annum;  and 
no  woman  principal  of  ten  years  service  as 
principal  in  said  schools  shall  receive  less 
than  twenty-five  hundred  dollars  per  annum, 
provided,  how'ever,  that  the  service  of  such 
principal  shall  have  been  approved  after  in- 
sp_ection  and  investigation  as  fit  and  meritor- 
ious by  the  borough  hoard  of  superintendents; 
but  these  provisions  shall  not  apply  to  princi- 
pals of  schools  of  less  than  twelve  classes. 
No  salary  now  paid  to  any  public  school 
teacher  in  the  city  of  New’  York  shall  be  re- 
duced by  the  operation  of  this  act.  [Thus 
amended  by  Chapter  417,  Laws  of  1899.1 
Note— The  board  of  estimate  and  apportion- 
ment is  hereby  authorized  and  required  to  di- 
rect the  issue  of  revenue  bonds  for  the  pur- 
pose of  providing  funds  to  carry  into  effect  the 


provisions  of  this  act.  [See  Section  2,  Chap- 
ter 417,  Laws  of  1899.] 

I<1.;  duties  of  secretary;  chief  cleric 
niid  .secretary  may  admiui.ster  oaths. 

Sec.  1,092.  The  secretary  of  a school  board 
shall  have  charge  of  the  rooms,  books,  papers 
and  documents  of  the  hoard,  and  shall,  in  ad- 
dition to  his  duties  as  secretary  of  the 
board,  perform  such  other  duties  as  may  be 
required  of  him  by  its  members  or  commit- 
tees. The  secretary  and  the  assistant 
secretary  or  chief  clerk  of  a school 
board  are  hereby  authorized  to  admin- 
ister oaths  and  take  affidavits  in  all  mat- 
ters pertaining  to  the  schools  of  the  city  of 
New  York  in  their  borough,  and  for  that  pur- 
pose shall  possess  all  the  powers- of  a com- 
missioner of  deeds,  hut  shall  not  be  enti- 
tled to  any  fees  or  emoluments  thereof. 

Id.;  powei's  to  establisli  IciiiderKartens, 
etc. 

Sec.  1,093.  A school  board  shall  have  pow- 
er to  establish  kindergartens,  manual  train- 
ing schools,  trades  schools  and»truant  schools. 

Id.;  poTver  to  e.stal»Hsli  evenins 
Rcliools,  etc.;  may  establiwli,  discon- 
tinue and  con.solidate  seliools  in  bor- 
oiis.'bs. 

Sec.  1,094.  A school  board  shall  have  pow’er  • 
to  establish  and  to  conduct  evening  schools 
and  schools  for  colored  pupils,  and  to  regulat* 
such  schools,  and  shall  have  power  to  estab- 
lish new  schools,  to  discontinue  any  school, 
or  to  consolidate  schools  in  its  borough,  and 
to  maintain  free  lectures  for  workingmen  and 
worklngwomen. 

Id.!  power  to  estaidisli  special  classes 
for  persons  who  cannot  use  the 
EnS'lish  lansunse  readily. 

Sec.  1,095.  A school  board  shall  have  power 
to  provide  special  classes,  whose  sessions  shall 
be  held  at  such  times  in  the  day  or  evening 
as  said  hoard  may  determine,  for  the  purpose 
of  giving  insitruction  in  the  English  language 
to  persons  who  cannot  use  that  language  readi- 
ly and  whose  avocations  are  such  as  to  pre- 
vent their  attending  the  grammar,  primary, 
or  evening  schools. 

Id.;  power  to  establi.sU  high  Schools, 
etc. 

Sec.  1,096.  A school  board  shall  have  power 
to  provide  one  or  more  high  schools  and  train- 
ing schools  or  classes  for  teachers  in  the  bor- 
ough or  boroughs  under  its'  charge,  as  it  may, 
from  time  to  time,  determine,  and  as  the  ap- 
propriations may  permit,  and  all  training 
schools  and  all  high  schools  heretofore  estab- 
lished and  maintained  by  the  public  school 
authorities  and  registered  as  high  schools  by 
the  regents  of  the  state  of  New  York,  shall  he 
maintained  in  full  efficiency.  The  said  train- 
ing schools  01’  classes  shall  be  under  the  con- 
trol of  the  board  of  education  and  of  the  city 
superintendent  of  schools  to  the  extent  that 
may  be  necessary  to  secure  compliance  with 
chapter  one  thousand  and  thirty-one  of  the 
laws  of  eighteen  hundred  and  ninety-five. 
The  said  high  schools  shall  be  so  organized 
as  to  furnish  the  benefit  of  further  educa- 
tion to  pupils  of  both  sexes  who  shall  have 
finished  the  grammar  school  course,  and  to 
other  residents  of  school  age  equally  prepared, 
and  the  said  school  board  shall  'have  power 
to  make,  from  time  to  time,  for  the  said  high 
schools  all  needful  rules  and  regulations,  and 
to  prescribe  conditions  on  which  pupils  shall 
be  received  and  instructed  therein  and  dis- 
charged therefrom. 

Id.:  power  to  create  school  inspection 
disti-icts.  discretionary;  mayor  aj*- 
poiiits  inspectors;  terms,  or^’aniza- 
tioiis,  etc.,  Ol  inspectors. 

Sec.  1,097.  A school  board  in  its  discretion 
may  divide  the  borough  or  boroughs  under  its 
charge  into  as  many  school  ihspecUoh  dis- 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


in 


tricts  as  it  may  deem  necessary,  which  dis- 
tricts must  be  contiguous  and,  as  near  as  may 
be,  of  equal  population;  and  at  once  upon  the 
making  of  such  districts  it  shall  file  maps 
of  the  saune,  duly  authenticated  by  the  chair- 
man of  the  school  board,  in  the  office  of  the 
mayor  of  the  city  of  New'  York. 

School  inspection  districts  existing  in  any 
of  tke  boroughs  at  the  time  this  act  takes  ef- 
fect, shall  continue  as  such  until  changed  un- 
der the  provisions  of  this  section;  and  all  in- 
spectors of  common  schools  who  have  been 
duly  appointed  to  serve  therein  shall  serve 
out  the  terms  for  which  they  were  respective- 
ly app<jinted  and  their  successors  shall  be 
appointed  by  the  mayor  as  their  terms  re- 
spectively expire,  for  the  like  period  of  five 
years. 

If  any  school  board,  pursuant  to  the  powers 
conferred  upon  it  by  this  chapter,  shall  have 
divided  cr  re-divided  its  territory  into  school 
Inspection  districts,  then  the  mayor  shall, 
within  sixty  days  thereaRer,  appoint  in  and 
for  each  of  the  school  inspection  districts  of 
the  boroughs  so  divided,  five  inspectors  of 
common  schools,  to  hold  office  respectively  as 
may  be  designated  in  their  letters  of  appoint- 
ment, for  one,  two,  three,  four  and  five  years 
from  the  first  day  of  October  next  following 
their  appointments.  Upon  the  expiration  of 
their  respective  terms  the  mayor  shall  ap- 
point their  successors  for  the  full  term  of 
five  years. 

Subject  to  the  conditions  of  contiguity  and 
equality  of  population  as  hereinbefore  pre- 
scribed, each  school  hoard  shall  have  power 
evqry  five  years,  if  it  shall  have  once  divided 
Its  territory  into  inspection  districts,  again 
to  divide  it  into  such  districts  and  to  make 
changes  in  existing  districts,  or  in  their  num- 
ber; and  if  such  number  of  districts  be  in- 
creased, the  mayor  shall  forthwith  appoint,  in 
rhe  same  manner  and  with  like  effect  as  here- 
in provided,  as  many  additional  inspectors  of 
common  schools  as  may  be  necessary  to  afford 
five  inspectors  in  each  district.  Such  addi- 
tional inspectors  shall  be  subject  to  the  same 
bylaws  and  regulations  as  govern  the  other 
inspectors  in  the  same  borough,  and  shall 
perform  the  same  duties.  All  inspectors  of 
common  schools  shall  serve  without  pay,  and 
shall  be  residents  of  the  districts  in  and  for 
which  they  are  appointed.  Any  vacancy  in 
the  office  of  inspector  of  common  schools 
caused  by  death,  resignation  or  otherwise, 
shall  be  filled  by  the  mayor  for  the  unexpired 
term.  The  inspectors  appointed  for  the  re- 
spective districts  in  any  borough  shall  organ- 
ize in  every  year  on  the  second  Monday  of 
October,  by  the  election  of  two  of  their  mem- 
bers as  cliairman  and  secretary  respectively; 
and  they  shall  meet  as  often  as  may  he  nec 
essary  for  the  efficient  performance  of  the  du 
ties  imposed  upon  them. 

Dnfie.*i  of  Inspectors  of  common  schools 

Sec.  1,098.  The  duties  of  the  inspectors  of 
common  schools  are  stated  and  fixed  to  be  as 
follows  and  not  otherwise;  In  their  respect- 
ive districts,  they  shall  visit  and  inspect  at 
least  once  in  every  quarter,  all  the  schools 
in  the  district,  in  respect  to  punctual  and 
regular  attendance  of  the  pupils  and  teachers, 
the  number  and  fidelity  of  the  teachers,  the 
studies,  progress,  order  and  discipline  of  the 
pupils;  the  cleanliness,  safety,  warming,  ven- 
tilation and  comfort  of  school  premises;  and 
whether  or  not  the  provisions  of  the  school 
laws  in  respect  to  the  teaching  of  sectarian 
doctrines  or  the  use  of  sectarian  books  have 
been  violated,  and  shall  call  the  attention  of 
the  board  of  education,  or  of  the  proper 
school  board  of  the  borough,  as  the  case  may 
be,  without  delay,  to  every  matter  requiring 
official  action.  Every  hoard  of  inspectors 
»hall,  on  cr  before  the  first  day  of  January. 


April,  July  and  October  of  each  year,  make  a 
w'ritten  report  to  the  proper  school  board  in 
respect  to  the  condition  of  the  schools,  the 
efficiency  of  teachers,  and  wants  of  the  dis- 
trict, especially  in  regard  to  schools  and  school 
premises. 

Scliool  boards  in  boroughs  to  cause  ac- 
counts and  records  to  be  made  nud 
I<ept. 

Sec.  1,099.  The  school  boards  shall  cause  to 
be  kept,  in  conformity  with  the  bylaws  of  the 
hoard  of  education,  accurate  accounts  of  all 
moneys  received  and  paid  for  or  on  account  of 
the  schools  in  its  borough,  and  it  shall  not  he 
lawful  to  expend  any  money  received  for  use 
from  one  of  the  school  funds  for  purposes  pro- 
vided for  in  the  other  school  fund,  but  all  ex- 
penditures must  be  made  conformable  to  the 
purposes  for  which  said  funds  were  levied,  col- 
lected, apportioned  and  distributed,  and  said 
board  shall  cause  a statement  to  be  entered 
in  said  accounts  in  conformity  with  said  by- 
laws, of  the  movable  property  belonging  to 
each  school.  The  board  of  education  shall 
provide  the  proper  book  or  hooks,  in  form  as 
required  by  said  bylaws,  and  shall  cause  the 
class  teachers  under  the  direction  and  super- 
vision of  the  principal  teacher  of  each  school 
and  department  to  enter  the  names,  ages  and 
residences  of  the  scholars  attending  the  school, 
the  name  of  the  parent  or  guardian  of  each  pu- 
pil and  the  days  on  which  the  scholars  shall 
have  attended  respectively,  and  the  aggregate 
attendance  of  each  scholar  during  the  year, 
and  also  the  day  upon  which  the  school  shall 
have  been  visited  by  the  city  superintendent 
or  by  the  borough  superintendent,  or  by  asso- 
ciate superintendents,  or  by  members  of  the 
hoard  of  education,  or  by  members  of  the 
school  hoard,  or  by  the  inspectors  of  schools, 
if  such  there  he  in  the  borough,  or  by  any  of 
them,  which  entry  shall  be  verified  by  such 
oath  or  affirmation  of  principal  teacher  in  such 
school  or  department  as  may  be  prescribed  by 
the  board  of  education.  The  school  board 
shall  preserve  these  books  as  the  property  of 
the  school,  and  such  books  shall  at  all  times 
be  open  to  access  by  members  of  the  board  of 
education,  by  members  of  the  school  hoards 
and  by  the  city  superintendent,  or  by  any  bor- 
ough superintendent,  or  associate  superintend- 
ent, or  any  inspector  of  schools,  if  such  there 
be  in  the  bo.rough. 

Id.;  to  provide  for  payment  of  .salaries 
to  prineipal.s  and  teaclicrs  and  for 
disbursements. 

Sec.  1,100.  A school  board  in  and  for  its 
own  borough  or  boroughs  and  subject  to  the 
bylaws  of  the  board  of  education  of  the  city 
of  New  York  shall,  by  its  bylaw,  provide 
for  the  payment  of  the  salaries  cf  all  prin- 
cipals and  teachers  of  the  various  schools 
under  its  charge;  and  for  all  disbursements 
chargeable  to  the  general  school  fund  appor- 
tioned to  it  for  educational  purposes  there- 
in. 

Id.;  annual  and  otlier  reports. 

Sec.  1,101.  Each  school  board  shall  make 
an  annual  report  to  the  board  of  education 
of  such  matters  as  the  hoard  of  education 
may,  by  its  bylaws  or  regulations,  require, 
and  it  shall  be  the  duty  of  any  school  board 
to  report  to  the  board  of  education  from  time 
to  time  upon  any  subject  that  the  board  of 
education  may  by  its  resolution  require. 

Id.;  power  to  ai>point  and  remove  boi'- 
ongli  superintendents  and  associate 
superintendents  of  schools;  Qualiflea- 
tions. 

Sec.  1,102.  A school  board  shall  have  power 
by  a vote  of  a majority  of  its  members  in 
office,  to  appoint  a borough  superintendent  of 
schools  for  six  years.  It  shall  have  power 
to  appoint  for  a like  term  not  more 


than  one  associate  borough  superintendent  of 
schools  for  the  first  seven  hundred  teachehs 
in  the  schools  under  its  charge,  and  not  more 
than  one  additional  associate  borough  super- 
intendent for  every  additional  three  hundred 
and  fifty  teachers,  or  fractional  number 
thereof  greater  than  one-half;  provided, 
however,  that  there  .“hall  oe,  in  any  event, 
two  associate  borough  superintende;  ts  in  ths 
boroughs  of  Queens  and  Itichmond, 
.speotively. 

The  board  of  education  shall  have  power 
from  time  to  time  to  modify  the  basis  of  the 
number  of  teachers  upon  v/hich  the  borough 
school  boards  may  appoint  associate  superin- 
tendents; and  if  the  said  board  of  education 
shall  at  any  time  so  change  this  basis,  the 
respective  school  boards  shall  have  power 
to  appoint  such  number  of  associate  superin- 
tendents as  may  be  provided  for  by  the  terms 
of  such  new  basis. 

The  superintendent  of  schools  appointed 
by  a school  hoard  shall  be  known  as  the 
borough  superintendent,  and  the  associate 
superintendents  eppointed  by  a school  hoard 
shall  be  known  as  associate  superintendents. 
Any  borough  superintendent  or  any  associate 
superintendent  may  be  removed  for  cause 
at  any  time  by  a three-fourths  vote  of  all  of 
the  members  appointed  to  the  school  board 
by  which  he  was  appointed. 

No  person  shall  be  eligible  for  election  as 
oity  superintendent,  borough  superintendent 
or  associate  superintendent  who  has  not  one 
of  the  following  qualifications:  (a)  Gradua- 
tion from  a college  or  university  recognized 
by  the  University  of  the  state  of  New  York, 
together  with  at  least  five  years  of  success- 
ful experience  in  teaching  or  in  supervision 
since  graduation;  (b)  Ten  years’  successful 
experience  as  superintendent,  supervising 
principal  or  teacher  in  a graded  school. 

I«l.;  nppointmeiit  ami  rewisnatioii  of 

priiteipals  ami  teaeiiers. 

See.  1,103.  Principals  shall  be  appointed 
by  the  school  boards  in  their  respective 
boroughs  on  the  nomination  of  the  hoard  of 
borough  superintendents.  Principals,  branch 
principals,  supervisors,  heads  of  departments, 
teachers,  assistants  and  all  other  members 
of  the  teaching  staff,  shall  he  appointed  by 
the  school  boards  on  the  like  nomination. 
Teachers  shall  be  promoted  or  transferred 
from  one  class  to  another  by  the  school  board, 
or  in  accordance  with  its  bylaws,  on  the  nomina- 
tion of  the  borough  board  of  superintendents. 
For  all  purposes  affecting  the  appointment, 
promotion  or  transfer  of  the  teachers  in  any 
school,  the  principal  of  such  school  shall 
have  a seat  in  the  borough  hoard  of  super- 
intendents, with  a 'vote  on  all  propositions 
affecting  his  school. 

The  system  or  mode  of  nomination  in  this 
section  provided  for  shall  not  be  held  to  de- 
prive any  school  board  that  has  been  a board 
of  education,  of  the  right  to  appoint,  to  pro- 
mote and  to  transfer  principals,  teachers  and 
other  members  of  the  teaching  staff  without 
such  nomination,  in  any  borough  in  which,  at 
the  time  this  act  takes  effect,  said  board  of 
education  enjoys  such  right  of  appointment 
without  nomination  by  superintendents, 
until  the  same  shall  have  been  adopted  by 
the  school  board  of  such  borough. 

The  nominations  thus  provided  for  must  be 
made  from  the  list  of  properly  certificated  prin- 
cipals and  teachers  and  other  persons  eligible 
for  service  in  the  schools  of  the  borough  in 
the  positions  to  be  filled.  The  time  within 
which  said  school  hoard  shall  finally  act  upon 
said  nominations,  either  by  appointing  such 
principal  or  teacher  or  other  officer  or  by 
rejecting  such  nominations,  is  hereby  fixed 
at  forty  days  from  the  date  of  the  first  regu- 


112 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


lar  meeting  of  the  school  board  next  after 
the  filing  of  such  recommendation  in  the 
office  of  the  secretary  of  the  board.  The 
failure  on  the  part  of  a school  board  to  con- 
firm or  to  reject  a nomination  within  the 
time  prescribed  herein  shali  be  held  as 
equivalent  to  the  appointment  of  the  princi- 
pal or  teacher  nominated.  In  case  of  a fail- 
ure or  of  repeated  failures  to  appoint,  other 
name#  shail  be  submitted  to  the  school 
board  for  its  consideration  within  two  weeks 
after  each  failure,  until  an  appointment  is 
made. 

Resignations  of  borough  superintendents 
and  of  associate  superintendents  shail  be 
made  to  the  school  board.  Resignations  of 
principals  and  teachers  and  of  all  other 
members  of  the  teaching  staff  shall  be  made 
to  the  borough  superintendent. 

Id.;  clianprijig-  grades  of  seliools  and 
classes;  fixing  standard  of  unalifica- 
tion  for  principals  and  teachers. 

Sec.  1,104.  A school  board  shall  have  power 
to  change  the  grades  of  all  schools  and  of  all 
classes  of  any  high  school  or  other  school 
under  its  charge  upon  the  written  recom- 
mendation of  the  borough  board  of  superin- 
tendents, and  upon  the  same  recommendation 
to  adopt  and  modify  courses  of  study  there- 
for. A school  board  shall  also  have  power  to 
fix  a standard  of  qualification  as  a necessary 
requirement  for  the  service  of  all  principals 
and  teachers  in  the  high  schools  and  schools 
of  the  borough,  which  requirement  may  be 
higher,  but  not  lower  than  the  minimum 
qualifications  estabiished  by  the  board  of 
education  of  the  city  of  New  York. 

Id.:  bylaws  governing  transfers  of 

principals  and  teachers. 

Sec.  1,105.  A school  board  shall  have  power 
to  make  bylaws  governing  all  transfers  of 
principals  or  of  teachers  from  one  school  to 
another  school  in  its  borough,  and  reiative  to 
the  reception  of  any-  teacher  transferred  from 
one  borough  to  another  borough. 

Id.:  transfer  of  nneinployed  principals 
or  teachers. 

Sec.  1,10G.  A school  board  shall  have  power 
upon  the  written  recommendation  of  the 
borough  superintendent  to  transfer  principals 
or  teachers  who  may  be  unemployed  by  rea- 
son of  the  closing  or  discontinuance  of  any 
school,  to  any  other  school  in  the  borough 
Where  a vacancy  may  exist. 

Id.;  Board  of  sni>erintendeiits  of  the 
boroughs;  how  duties  regulated. 

Sec.  1,107.  A borough  superintendent  and 
the  associate  superintendents  therein  shall 
constitute  the  board  of  superintendents  for 
the  borough,  to  be  known  as  the  borough 
board  of  superintendents.  A school  board  in 
and  for  its  borough  shall  have  power  to  pass 
bylaws  regulating  the  duties  of  its  borough 
superintendent,  of  its  , associate  superinten- 
dents and  of  the  board  of  superintendents  for 
the  borough.  The  borough  superintendent 
shall  preside  over  the  board  of  superinten- 
dents of  the  borough,  and  all  communications 
from  the  board  shall  be  made  in  his  name 
unless  in  any  special  case  he  may  otherwise 
elect. 

General  duties  of  borougb  superin- 
tendents and  associate  superintend- 
ents. 

Sec.  1,108.  The  borough  superintendents  and 
the  associate  superintendents  shall  visit  every 
school  in  their  respective  boroughs,  and  shall 
Inquire  into  all  matters  relating  to  the  gov- 
ernment, courses  of  study,  methods  of  teach- 
ing, discipline  and  conduct  of  such  schools, 
find  the  condition  of  the  school  houses  and 


of  the  schools,  generally,  and  shall  examine 
classes  when  necessary.  The  borough  super- 
intendents shall  report  the  result  of  such  in- 
spections and  examinations  to  the  school 
board  and  to  the  city  superintendent,  who 
shall  transmit  such  parts  of  said  reports  as 
he  may  consider  necessary  or  proper  to  the 
board  of  education  of  the  city  of  New  York, 
and  they  shall  also  report  to  the  city  superin- 
tendent at  such  times,  concerning  such  mat- 
ters and  in  such  form  as  said  superintend- 
ent shall  require.  It  shall  further  be  the  duty 
of  the  borough  superintendent,  and  of  each 
associate  superintendent,  through  him,  to  re- 
port to  the  school  board  of  the  borough  any 
case  of  gross  misconduct,  neglect  of  duty  or 
general  inefficiency  on  the  part  of  any  princi- 
pal or  teacher  or  other  member  of  the  educa- 
tional staff  within  his  jurisdiction. 

Bororagli  board  of  saperintendenfs;  list 
of  principals,  etc.,  to  be  kept  by; 
where  principals  report. 

Sec.  1,109.  The  borough  board  of  superin- 
tendents shall  keep  a list , of  all  principals 
and  ether  teachers  in  the  service  of  the  board 
of  education  in  the  said  borough  or  boroughs, 
with  the  dates  of  their  appointment,  the 
grades  and  classes  taught  by  them,  the  results 
of  all  inspections  and  examiinations,  and  of 
their  standing  as  regards  regularity  and  punc- 
tuality in  attendance.  Such  lists  shall  be 
open  to  the  inspection  of  teachers  (as  to  their 
own  records  only),  of  members  of  the  board 
of  education,  of  the  members  of  the  school 
board  and  of  principals.  Principals  shall  re- 
pert  to  the  borough  superintendent  at  such 
times  upon  such  matters  and  in  such  form  as 
he  may  require. 

Id.;  promotion  of  pnpils;  transfer  of 
teachers  by  city  snpei-intendent  of 
schools;  preferment  where  sehools 
are  eonsolidated  or  discontinned. 

Sec.  1,110.  Each  borough  board  of  superin- 
tendents shall  e«ablisti  for  the  schools  under 
their  charge  rules  and  regulations  for  the  pro- 
motion of  pupils  from  grade  to  grade,  from 
school  to  -school,  for  graduation  from  all 
grades  of  schools,and  for  the  transfer  of  pupils 
from  one  school  to  ancklier. 

With  the  consent  of  the  teacher  and  the 
principal  and  the  school  beard  concerned,  the 
city  superintendent  of  schools  shail  have 
power  to  transfer  a teacher  from  a school  in 
one  borough  to  a school  in  ano'cher  borough, 
provided  that  the  teacher  possesses  the  quali- 
fications to  teach  in  the  borough  to  which 
said  teacher  is  to  be  transferred,  as  such 
qualifications  are  prescribed  both  by  the  board 
of  education  and  by  the  school  board  of  the 
borough  concerned.  All  such  transfers  shall 
be  reported  forthwith  to  the  school  boards  of 
the  boroughs  in  which  the  schools  affected  are 
situated. 

In  case  of  the  consolida'cion  of  schools  or  of 
the  discontinuance  of  any  school,  principals 
and  teiachers  of  good  standing,  who  tbereby 
may  be  deprived  of  employment,  shall  be  pre- 
ferred in  appointments  to  be  made  in  any  of 
the  schools  of  the  borough. 

Id.;  recommendations  of  and  reciuisi- 
tions  for  text  books  and  scholastic 
supplies. 

Sec.  1,111.  The  borough  board  of  superin- 
tendents may  recommend  to  t&e  school  board 
text  books,  apparatus  and  other  scholastic 
supplies  required  in  the  schoolte  of  the  bor- 
ougti,  which,  when  approved  or  modified  by 
ttie  school  board,  shall  upon  its  requisition,  or 
upon  the  requisition  of  the  borough  superin- 
tendent, made  in  conformity  with  its  bylaws, 
be  supplied  by  the  board  of  education.  Requi- 
1 sitions  may  be  made  by  principals  under  regu- 
1 ia*tions  to  be  appro  ved  by  the  sctool  board,  and 


the  same  must  be  approved  by  the  boroiugb 
superintendent. 

Miscellaneous  provisions  as  to  powers 
and  duties  of  boimugh  snpei’intend- 
ent,  borough  board  of  superintend* 
ents  and  principals. 

Sec.  1,112.  Subject  to  the  bylaws  of  the 
school  board,  the  borough  superintendent,  or 
other  appropriate  officer,  shall  assign  to  their 
duties  such  special  teachers  in  drawing,  music, 
physical  culture,  manual  training,  sewing, 
cooking,  kindergarten  work,  or  other  special 
branches,  as  the  school  hoard  of  the  borough 
may  appoint;  and  such  teachers  shall  be  re- 
sponsible to  the  principal  of  each  school  to 
which  they  are  assigned  for  the  performance 
of  their  duties  therein,  and  shall  report  to 
him  and  also  to  the  borough  superintendent  as 
these  officers  may  respectively  require,  unless 
otherwise  ordered  by  the  school  hoard  . 

Id.;  qualifications  for  special  brandies 

Sec.  1,113.  A borough  superintendent  shall 
have  a seat  in  the  school  board  of  his  borough 
with  the  right  to  speak  on  all  matters  before 
the  board,  but  not  to  vote.  Subject  to  the 
approval  of  the  borough  board  of  superintend- 
ents and  as  the  bylaws  of  such  board  may 
prescribe,  the  principal  of  each  school  shall 
direct  the  methods  of  teaching  in  all  classes 
under  his  charge  except  that  the  school  board 
may  adopt  bylaws  to  govern  in  the  case  of 
special  classes.  The  board  of  borough  super- 
intendents shall  have  the  power  from  time 
to  time  to  issue  syllabuses  of  the  topics  in 
the  various  branches  taught  which  shall  be 
regarded  as  the  minimum  amount  of  work 
required  in  such  branches. 

The  borough  superintendent  of  the  boroughs 
of  Queens  and  of  Richmond  respectively  is 
hereby  authorized,  with  the  approval  of  the 
school  board  of  the  respective  boroughs,  to 
designate  certain  principals  as  supervising 
principals  to  aid  the  board  of  superintendents 
in  their  work  of  supervision. 

No  person  shall  be  eligible  for  election  as 
supervisor  of  a special  branch,  as  music, 
drawing,  kindergarten,  etc.,  who  is  not  (a) 
a graduate  of  a high  school  or  of  an  institu- 
tion of  equal  or  higher  scholastic  rank;  and 

(b)  a graduate  from  a course  of  professional 
training  of  at  least  one  year  in  the  special 
branch  that  he  is  to  supervise  or  teach;  and 

(c)  a teacher  of  that  special  branch  with  at 
least  three  years  of  successful  experience. 

Charges  against  ijrineipal  and  teach- 
ers and  others;  proceedings  thei'eon. 
Sec.  1,114.  A member  of  a school  board,  a 
borough  superintendent,  or  an  a&ociate  su- 
perintendent may  prefer  charges  to  the  school 
board  against  a principal,  a branch  principal, 
a supervisor,  a head  of  department,  or  any 
other  officer  exercising  supervising  powers  in 
the  schools  under  their  charge,  or  against  a 
teacher  in  any  of  the  schools  under  their 
charge,  for  gross  misconduct,  insub- 
ordination, neglect  of  duty,  or  gen- 
eral inefficiency.  Pending  trial,  the  school 
board  may  suspend  said  principal  or  teacher 
or  other  officer,  with  or  without  pay,  and  ai>- 
point  a substitute  in  his  place. 

In  accordance  with  bylaws  to  be  passed 
by  the  school  board,  the  principal  of  any 
school  shall  have  the  like  power  to  suspend 
a teacher  in  his  school,  and  shall  forthwith 
report  such  suspension  to  the  borough  su- 
perintendent, who  shall  immediately  report 
it  to  the  school  board.  Pending  action  by 
the  school  board,  the  borough  superintendent 
may  appoint  a substitute  in  the  place  of  any 
tea'cher  so  suspended. 

The  school  hoard,  on  receiving  notice  of 
charges  under  the  provisions  of  either  of  the 
foregoing  paragraphs,  shall  immediately  pro- 
I ceed  to  try  and  determine  the  case,  either  la 


f 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


113 


the  board  or  by  a committee  of  its  body,  and 
shall  fix  131®  fine,  penalty,  or  punishment,  if 
any,  that  should  be  imposed  for  the  offense; 
and  such  fine,  penalty  or  punishment  shall 
consist  of  a fine,  in  suspension  for  a fixed 
time  without  pay,  or  in  dismissal.  The  re- 
port of  any  committee  hO’ldlng  such  trial  shall 
be  subject  to  final  action  by  the  board,  which 
may  reject,  confirm,  or  modify  the  conclu- 
sions o<f  the  committee,  and  the  decision  .of 
the  board  shall  be  final,  except  as  to  matters' 
in  reiation  to  which,  under  the  general  school 
laws  of  the  state,  an  appeal  may  be  taken 
to  the  state  superintendent  of  public  instruc- 
tion. In  case  the  principal  or  other  officer 
or  teacher  is  acquitted,  he  shall  be  restored 
to  his  position  with  full  pay  for  the  period 
of  suspension.  In  all  trials  authorized  by 
■this  chapter,  all  testimony  taken  shall  be  un- 
der oath,  which  the  president  of  the  board 
or  chairman  of  the  committee  conducting  the 
trial  is  hereby  authorized  to  administer,  and 
the  supreme  court  ^all  have  power,  upon  the 
application  of  such  president  or  chairman,  to 
compel  any  witness  who  may  be  summoned, 
to  appear  and  testify  before  said  board  or 
committee. 

Powers  of  invesfisation. 

Sec.  1,115.  The  board  of  education  or  any 
school  board  may  investigate,  of  its  own 
motion  or  otherwise,  either  in  the  board 
or  by  a committee  of  its  own  body,  any  sub- 
ject of  which  it  has  cognizance  or  over  which 
it  has  legal  control,  including  the  conduct  of 
any  of  its  members  or  employes;  and  for  the 
purpose  of  such  .nvestigation,  such  board  or 
its  president,  or  committee  and  its  chairman, 
Bhall  have  and  may  exercise  all  the  powers 
which  a school  board  has  or  may  exercise 
in  the  case  of  a trial  under  section  1,114  of 
this  act.  Any  action  or  determination  of  a 
committee  appointed  under  the  provisions  of 
this  section  shall  be  subject  to  approval  or 
reversal  by  the  board  appointing  it,  which 
may  also  modify  the  determination  of  the 
committee  in  such  way  as  the  board  shall 
deem  proper  and  just,  and  the  judgment  of 
the  board  thereon  shall  be  final. 

Boroagh  superinteiulent;  enforeim,!? 
compulsory  education  law;  nominat- 
ing-, assigning,  suspending  and  dis- 
charging clerks. 

Sec.  1,116.  The  borough  superintendent  shall 
enforce  the  compuleory  education  law,  and 
shall  nominate  attendance  officers  to  the 
school  board,  and  shall  direct  such  officers  in 
their  duties.  He  ■ may  suspend  or  discharge 
any  such  officer  for  cause,  but  such  cflficer 
shall  have  the  right  of  appeal  to  .the  school 
board.  He  shall  nominate  to  the  school  board 
such  clerks  as  may  be  required  in 'his  office 
and  as  may  be  authorized  by  the  school  board, 
and  he  shall  assign  them  to  their  various  du- 
ties. He  may  suspend  or  discharge  them  for 
cause,  but  in  sucn  case  the  clerks  shall  have 
the  right  of  appeal  to  the  school  board. 

Continuation  in  office  of  ail  employes 
under  th»;  public  .scliool  system  of 
any  part  of  the  teridtory  consoli- 
dated. 

Sec.  1117.  All  superintendents,  assistant  or 
associate  superintendents,  and  all  principals, 
teachers,  and  other  members  of  the  educa- 
tional staff  in  the  publis  school  system  of  any 
part  of  the  city  of  New  York  as  constituted 
by  this  act,  shall  continue  to  hold  their  re- 
spective positions  and  to  be  entitled  to  such 
compensation  as  is  now  provided  or  may 
hereafter  be  provided  by  the  various  school 
boards,  subject  to  the  limitations  of  this  act, 
and  to  reassignment  or  to  removal  for  cause, 
as  may  be  provided  by  law.  And  all  licenses 
to  teacfc,  or  certificates  of  qualifications  for 
teaching,  granted  by  the  superintendent  of 


public  instruction  as  in  force  at  that  date  in 
by  authority  of  the  board  of  education  of 
said  city  of  Brooklyn,  prior  to  February  first, 
eighteen  hundred  and  ninety-eight,  or  recog- 
nized by  the  board  of  education  of  said  city 
of  Brooklyn,  or  the  state  superintendent  of 
public  instruction  as  in  force  at  that  date  in 
said  city,  shall,  unless  revoked  for  cause  by 
the  state  superintendent  of  public  instruction, 
be  recognized  by  the  city  superintendent  of 
sctiools,  and  the  board  of  examiners  of  the 
city  of  New  York,  as  in  full  force  and  shall 
entitle  the  holders  to  appointment  or  pro- 
motion to  any  position  to  which  they  v,'ere 
respectfully  eligible  by  the  possession  of  such 
licenses  or  certificates.  On  the  first  day  of 
February,  eighteen  hundred  and  ninety-eight, 
the  city  superintendent  of  schools  in  the  city 
of  New  Ycrk  as  constituted  prior  to  the  pas- 
sage of  this  act,  shall  be  and  become  the  su- 
perintendent of  schools  of  the  boroughs  of 
Manhattan  and  the  Bronx;  and  the  assistant 
superintendents  of  the  city  of  New  York  as 
then  constituted,  shall  be  and  become  asso- 
ciate superintendents  of  the  boroughs  of  Man- 
hattan and  the  Bronx;  the  superintendent  of 
public  instruction  of  the  city  of  Brooklyn  as 
constituted  prior  to  the  passage  of  ttiis  act, 
shall  be  and  become  the  superintendent  of 
schools  of  the  borough  of  Brooklyn;  and  the 
associate  superintendents  of  the  city  of 
Brooklyn,  as  then  constituted,  shall  become 
associate  superintendents  of  the  borough  of 
Brooklyn.  The  duties  of  all  these  officers,  on 
and  after  February  first,  eighteen  hundred 
and  ninety-eight,  shall  be  entirely  defined  and 
limited  by  the  provisions  of  this  act.  All 
persons  transferred  by  t&iis  section  to  the 
service  of  the  consolidated  city  who  hold  of- 
fice for  definite  terms,  shall  be  transferred  for 
the  remainder  of  their  respective  terms  only. 
[Tfaus  amended  by  Chapter  644,  Laws  of  1890.] 
Sec.  1,353.  No  one  shall  be  eligible  to  the 
office  of  justice  of  the  said  municipal  court, 
after  the  first  day  of  March,  eighteen  hundred 
and  ninety-nine  unless  he  be  a resident  and 
elector  in  the  district  for  which  he  shall  be 
elected  or  appointed  and  has  been  an  attorney 
and  counselor  at  law  of  the  state  of  New 
York  for  at  least,  five  years  or  unless  he  shall 
have  served  as  a justice  of  such  municipal 
court.  None  of  said  justices  shall  engage  in 
any  other  business  or  profession  or  hold  any 
other  public  office  or  act  as  referee,  but  each 
of  said  justices  shall  devote  his  whole  time 
and  capacity,  so  far  as  the  public  interest  de- 
mands, to  the  duties  of  his  office,  provided, 
however,  that  this  restriction  shall  not  ap- 
ply to  the  justices  of  said  court  mentioned  in 
subdivision  one  of  section  thirteen  hundred 
and  fifty-two  of  this  act. — [Thus  amended  by 
Chapter  254,  Laws  of  1899.] 

Scliool  money  appropriation  by  the 
state  to  the  pnblic  schools  of  the  city. 
Sec.  1,118.  Whenever  the  city  clerk 
shall  receive  notice  from  the  state  superin- 
tendent of  public  instruction  of  the  amount 
of  moneys  apportioned  to  .the  city  of  New 
York  for  the  support  and  encouragement  of 
common  schools  therein,  he  shall  immediate- 
ly lay  the  same  before  the  municipal  assem- 
bly of  said  city;  and  the  chamberlain  of  Che 
said  city  shall  apply  for  and  receive  the 
school  moneys  apportioned  to  the  said  city 
as  soon  as  the  same  becomes  payable,  and 
place  the  same  in  the  city  treasury. 

School  boai-d  of  the  hoi-oug-h  of  Brook- 
lyn to  control  and  administer  the 
pnblic  school  teachers’  retirement 
fnnd  created  by  chapter  656,  laws  of 
composition  of  fund;  retirement 
anfl  pensions  of  teachers. 

Sec.  1,119.  The  school  board  of  the  borough 
of  Brooklyn  is  hereby  given  the  full  care  and 


management  of  the  public  school  teachers' 
retirement  fund,  created  by  chiapler  six  hun- 
dred and  fifty-six  of  the  laws  of  1895.  When 
a teacher  is  transferred  to  another  borough 
having  a teachers’  retirement  fund,  his  or 
her  contribution  may  be  paid  into  the  said 
fund  and  inure  to  the  teacdier’s  benefit  in 
that  fund  under  the  rules  governing  the  same. 

TITLE  2. 

THE  COLI.EGE  OF  THE  CITY  OF  NEW 
YORK. 

To  ^ontiune  as  a separate  corporation. 

Sec.  1,127.  The  College  of  the  City  of  New 
York  shall  continue  to  be  a separate  and  dis- 
tinct organization  and  body  corporate,  and  as 
such  shall  have  the  powers  and  privileges  of 
a college,  puisuant  to  the  revised  statutes  of 
this  state,  and  be  subject  to  the  provisions  of 
the  said  statutes  relative  to  colleges,  and  to 
the  visitation  of  regents  of  the  university,  in 
like  manner  with  the  other  colleges  of  the 
state. 

Trustees. 

Sec.  1,128.  The  members  of  the  board  of 
education  of  the  city  of  New  York,  together 
with  the  president  of  the  college,  shall  be  ex- 
officio  the  trustees  of  the  said  college,  and 
shall  have  and  possess  the  powers  conferred 
upon,  and  he  subject  to  the  duties  required  of 
the  trustees  of  colleges  by  the  revised 
statutes.  The  president  of  the  college  shall 
be  a member  of  the  executive  committee  of 
the  said  trustees  for  its  care,  government  and 
management. 

Laws  applicable. 

Sec.  1,129.  All  acts  of  the  legislature,  which 
were  in  force  on  March  thirtieth,  eighteen 
hundred  and  sixty-six,  in  regard  to  the  free 
academy,  and  to  its  control,  management, 
support  and  affairs,  noit  since  modified  or 
repealed,  and  which  are  not  inconsistr-- ‘ 
with  the  provisions  of  this  act,  anf  ril  laws 
in  force  at  the  time  this  act  takes  effect  rela- 
tive to  the  College  of  the  City  of  New  York, 
not  inconsistent  with  this  act,  are  hereby  de- 
clared to  be  applicable  to  the  said  college. 

Participation  in  state  literatnre  and 

other  funds. 

Sec.  1,130.  The  College  of  the  City  of  New 
York  shall  be  entitled  to  participate  in  the 
distribution  of  the  income  of  the  literature 
and  other  funds  in  the  same  manner  and  upon 
the  same  conditions  as  the  other  colleges  of 
the  state,  and  the  regents  of  the  University 
of  the  State  of  New  York  shall  pay  annually 
to  the  controller  of  the  city  of  New  York,  as 
trustee  for  said  college,  the  distributive  share 
of  the  said  funds  to  which  the  said  College  of 
the  City  of  New  York  shall,  by  law,  be  enti- 
tled, and  which  shall  be  applied  and  expended 
for  library  books  for  the  said  college. 

Duty  of  trustees  to  report. 

Sec.  1,131.  It  shall  be  the  dnty  of  the  trus- 
tees of  said  college,  annually  on  or  before  the 
first  day  of  September,  to  report  to  the  board 
of  estimate  and  apportionment  such  sum, 
not  exceeding  one  hundred  and  seventy-five 
thousand  dollars  in  any  one  year,  as  they  may 
require  for  the  payment  of  the  salaries  of  the 
professors  and  officers  of  said  college;  for  ob- 
taining and  furnishing  scientific  apparatus, 
books  for  the  students  and  all  other  neces- 
sary supplies  therefor;  for  repairing  and  alter- 
ing the  college  buildings;  and  for  the  support, 
maintenance  and  general  expenses  of  said 
college;  and  the  said  board  of  estimate  and  ap- 
portionment and  the  municipal  assembly  of 
the  city  of  New  York  are  hereby  authorized 
and  directed  in  each  and  every  year  to  raise 
and  collect  by  tax  on  the  estate,  real  and 
personal,  liable  to  taxation  in  said  city,  such 
sum  of  money,  not  exceeding  the  amount 


114 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


aforesaid,  as  may  be  reported  to  them  by  said 
trustees;  the  amount  so  to  be  raised  and  col- 
lected to  be  in  addition  to  the  sums  required 
for  the  purposes  of  common  schools  in  the 
city  of  New  York  under  the  act  entitled  "An 
Act  to  amend,  consolidate  and  reduce  to  one 
act  the  several  acts  of  the  state  of  New  York 
relative  to  the  common  schools  of  the  city 
of  New  York,”  passed  July  3d,  1851,  and 
the  several  acts  amendatory  thereto. 

Upon  the  recommendation  of  the  trustees 
the  board  of  estimate  and  apportionment  and 
the  municipal  assembly  may  increase,  from 
time  to  time,  the  amount  annually  to  be  railfed 
In  the  tax  levy  for  the  maintenance  of  the 
College  of  the  City  of  New  York. 

Instruction  to  l»e  fnrnisliecl  gratnitons- 

ly;  des'rees  ami  dlitlonias. 

Sec.  1,132.  The  board  of  education,  as  trus- 
tees of  said  college,  shall  continue  to  furnish, 
through  the  College  of  the  City  of  New  York, 
the  benefit  of  education,  gratuitously,  to  boys 
who  have  been  pupils  in  the  common  schools 
of  the  city,  and  to  all  other  male  students 
who  are  actual  residents  of  said  city,  and  who 
are  qualified  to  pa.^s  the  required  examination 
for  admission  to  said  college.  And  the  trus- 
tees, upon  the  recommendation  of  the  faculty 
of  the  said  college,  may  grant  the  usual  de- 
grees and  diplomas  in  the  arts  to  such  per- 
sons as  shall  have  completed  a full  course 
of  study  in  the  said  college. 

Reports  l>y  trustees  to  I>e  fnrnlslietl. 

Sec.  1,133.  The  trustees  of  the  College  of  the 
City  of  New  York  shall  make  and  transmit, 
annually,  on  or  before  the  first  day  of  Feb- 
ruary in  each  year,  to  the  municipal  assembly, 
and  also  to  the  secretary  of  the  board  of  re- 
gents of  the  University  of  the  State  of  New 
York,  a report,  dated  on  the  thirty-first  day 
of  December  next  preceding,  which  report 
shall  state  the  cames  and  ages  of  all  the 
pupils  instructed  in  such  college  during  the 
preceding  year,  and  the  time  that  each  was 
so  instructed,  specifying  which  of  them  have 
completed  a full  course  of  study  therein, 
and  which  have  received  degrees,  medals  and 
other  special  testimonials,  a particular  state- 
ment of  the  studies  pursued  by  each  pupil 
since  the  last  preceding  report,  together  with 
the  books  such  student  shall  have  studied, 
in  whole  or  in  part,  and  it  in  part,  what 
portion;  an  account  or  estimate  of  the  library, 
philosophical  and  chemical  apparatus,  and 
mathematical  or  other  scientific  instruments 
belonging  to  such  college;  the  names  of  the 
instructors  employed  in  said  college  and  the 
compensation  paid  to  each;  what  amount  of 
moneys  the  board  of  education  received  dur- 
ing the  year  for  the  purposes  of  such  college, 
and  from  what  sources,  specifying  how  much 
from  each,  and  the  particular  manner  and  the 
specific  purposes  for  which  such  moneys  have 
been  expended;  and  such  other  information 
in  relation  to  education  in  the  said  college, 
and  the  measures  of  the  board  of  trustees  in 
the  management  thereof,  as  the  municipal 
assembly,  or  the  regents  of  the  University 
of  the  State  of  New  York  may,  from  time  to 
time,  require. 

TITLE  3. 

THE  NORMAL,  COUUEGE. 

Tlie  Normal  College  of  tlie  eity  of  New 

York,  a corporation  and  collese. 

Sec.  1,139.  The  Normal  College  of  the  City 
of  New  York  is  hereby  declared  to  be  a 
separate  and  distinct  organization  and  body 
corporate,  and  as  such  shall  have  the  power 
and  privileges  of  a college  pursuant  to  the 
revised  statutes  of  this  state,  and  be  subject 
to  the  provisions  of  the  said  statutes  rela- 
tive to  colleges,  and  to  the  visitation  of  the 


regents  of  the  university,  in  like  manner  with 
the  other  colleges  of  the  state. 

I«l.;  frnstees,  powers  and  duties  of 
trustees. 

Sec.  1,140.  The  members  of  the  board  of 
education  of  the  city  of  New  York,  together 
with  the  president  of  the  Normal  college, 
shall  be  ex-officio  the  trustees  of  said  col- 
lege and  shall  have  and  possess  the  powers 
conferred  upon  and  be  subject  to  the  duties 
required  of  the  trustees  of  colleges  by  the 
revised  statutes.  The  president  of  the  col- 
lege shall  he  a member  of  the  executive 
committee  of  the  said  trustees  for  its  care, 
government  and  management. 

Id.;  laws  applicable  to;  participation 
in  state  literature  and  other  fnmls. 

Sec.  1,141.  All  acts  of  the  legislature  now 
in  force  with  regard  to  the  said  Normal  col- 
lege, its  control,  management,  support  and 
affairs,  not  inconsistant  with  the  provisions 
of  this  act,  are  hereby  declared  to  be  appli- 
cable to  said  college.  The  Normal  College 
of  the  City  of  New  York  shall  he  entitled  to 
participate  in  the  distribution  of  the  income 
of  the  literature  and  other  funds  of  the 
state  in  the  same  manner  and  upon  the 
same  conditions  as  the  other  colleges  of  the 
state,  and  the  regents  of  the  University  of 
the  state  of  New  York  shall  pay  annually 
to  the  controller  of  the  city  of  New  York, 
a.s  trustee  for  said  college,  the  distributive 
-share  of  the  said  funds  to  which  the  said 
Normal  college  of  the  city  of  New  York 
shall  by  law  be  entitled  and  which  shall  be 
applied  and  expended  for  library  books  for 
said  college. 

Id.;  trustees  to  report  annually  the 
amount  required  to  pay  salaries, 
etc.;  sneli  amount  to  be  raised  by  t :vv- 
ation;  municipal  assembly  may  in- 
crease amount  named  herein. 

Sec.  1,142.  It  shall  be  the  duty  of  the  trus- 
tees of  said  college  annually  on  or  before  the 
fifteenth  day  of  October  to  report  to  the  board 
of  estimate  and  apportionment  such  sum  not 
exceeding  one  hundred  and  fifty  thousand  dol- 
lars in  any  one  year,  as  they  may  require 
for  the  payment  of  the  salaries  of  the  pro- 
fessors and  officers  of  the  said  college,  for  ob- 
taining and  furnishing  scientific  apparatus, 
books  for  the  students  and  all  other  necessary 
supplies  thetefor,  for  repairing  and  altering 
Che  college  buildings,  and  for  the  support, 
maintenance  and  general  expenses  of  said  col- 
lege; and  the  said  board  of  estimate  and  ap- 
portionment, and  the  municipal  assembly  of 
the  city  of  New  York  are  hereby  authorized 
and  directed,  in  each  and  every  year  to  raise 
and  collect  by  tax  on  the  estate,  real  and 
personal,  liable  to  taxation  in  said  city, 
such  sum  of  money,  not  exceeding  the 
amount  aforesaid,  as  may  be  reported  to  them 
by  said  trustees,*  the  amount  so  to  be  raised 
and  collected  to  be  in  addition  to  the  sums  re- 
quired for  the  purposes  of  common  schools 
in  the  city  of  New  York,  under  the  act  en- 
titled “An  act  to  amend,  consolidate  and  re- 
duce to  one  act  the  several  acts  of  the  state 
of  New  York,  relative  to  common  schools  of 
the  city  of  New  York,”  passed  July  third, 
eighteen  hundred  and  fifty-one,  and  the  several 
acts  amendatory  thereto.  Upon  the  recom- 

mendation of  the  trustees,  the  board  of  esti- 
mate and  apportionment  and  the  municipal 
assembly  may  increase  from  time  to  time  the 
amount  annually  to  be  raised  in  the  tax  levy 
for  the  maintenance  of  the  normal  college. 

Id.;  instruction  to  be  fnrnislied 

gratuitously;  degrees  nnd  diplomas. 

Sec.  1,143.  The  said  board  of  education  as 
trustees  of  said  college  shall  continue  to  fur- 
nish through  the  Normal  College  of  the  City 


of  New  York,  the  benefit  of  education  gratu- 
itously to  girls  who  have  been  pupils  in  the 
common  schools  of  the  city  of  New  York 
as  constituted  hy  this  act  'for  a period  of  time 
to  be  regulated  by  the  hoard  of  trustees  of 
said  college,  and  to  all  other  girls  who  are 
actual  residents  of  said  city,  and  who  are 
qualified  to  pass  the  required  examination 
for  admission  to  said  college;  and  the  hoard 
of  trustees  upon  the  recommendation  of  the 
faculty  of  the  said  college,  may  grant  the 
usual  degrees  and  diplomas  in  the  arts  to 
such  persons  as  shall  have  completed  a full 
course  of  situdy  in  the  said  college.  The  said 
board  of  trustees  shall  give  normal  instruc- 
tion in  manual  training  for  the  purpose  of 
preparing  teachers  of  manual  training  for  the 
common  schools. 

Id,;  annual  report  of  trustees. 

Sec.  1,144.  The  trustees  of  the  Normal  Col- 
lege of  the  city  of  New  York  shall  make  and 
transmit  annually,  on  or  before  the  first  day 
of  February  in  each  year,  to  the  municipal 
assembly  and  also  to  the  secretary  of  the 
board  of  r, gents  of  the  University  of  the 
State  of  New  York,  a report  dated  on  the 
last  secula”  day  of  December,  next  preced- 
ing, which  report  shall  state  the  names  and 
ages  of  all  the  pupils  instructed  in  said  col- 
lege during  the  preceding  year,  and  the  time 
that  each  was  so  instructed,  specifying  which 
of  them  have  completed  a full  course  of 
study  therein,  and  which  have  received  de- 
grees, medals  and  other  special  testimonials; 
a particular  statement  of  the  studies  pursued 
by  each  pupil  since  the  last  preceding  report, 
together  with  the  books  such  student  shall 
have  studied,  in  whole  or  in  part,  and  if  in 
part,  what  portions;  an  account  or  estimate 
of  the^  library,  philosophical  and  chemical 
apparatus  and  mathematical  or  other  scien- 
tific instruments  belonging  to  said  college; 
the  names  of  the  instructors  employed  in  said 
college  and  the  compensation  paid  to  each; 
what  amount  of  moneys  the  board  of  trustees 
received  during  the  year  for  the  purposes 
of  said  college  and  from  what  source,  speci- 
fying how  much  from  each,  and  the  partic- 
ular manner  and  the  specific  purposes  for 
which  such  moneys  have  been  expended,  and 
such  other  information  in  relation  to  educa- 
tion in  the  -said  college,  and  the  measures  of 
the  board  of  trustees  in  the  management 
thereof,  as  the  board’  of  education  or  the 
regents  of  the  University  of  the  State  of  New 
York  may  from  time  to  time  require. 

I«l.;  money  appropriated  for  to  be  ex- 
pended when  reqnlred  by  trustees; 

contracts  by  trustees. 

Sec.  1,145.  The  moneys  apportioned  to  the 
board  of  education  of  said  city  of  New 
York  by  the  board  of  estimate  and  appor- 
tionment and  municipal  assembly  for  the 
payment  of  the  salaries  of  the  professors  and 
officers  of  said  college,  for  obtaining  and 
furnishing  scientific  apparatus,  hooks  for  the 
students  and  all  other  necessary  supplies 
therefor,  for  repairing  and  altering  the  col- 
lege buildings,  and  for  the  support,  main- 
tenance and  general  expenses  of  said  college, 
shall  be  expended  for  said  normal  college 
when  required  by  the  trustees  of  the  norpial 
college  of  the  city  of  New  York,  with  the 
same  right  power  and  authority  as  if  the 
said  college  were  under  the  control  of  the 
board  of  education  of  the  city  of  New  York. 
All  contracts  entered  into,  or  liahilities  in- 
curred by  said  trustees  involving  the  expen- 
diture of  more  than  one  thousand  dollars, 
except  agreements  for  the  payment  of  sal- 
aries, shall  be  entered  into  and  incurred  in 
the  same  manner  and  subject  to  the  restric- 
tions and  limitations  provided  as  to  other 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


115 


expenditures  of  public  moneys  as  provided 
for  in  ibis  act. 

TITLE  4. 

GENERAL  PROVISIONS. 
Religions  sects  and  dogmatic  feooks 
exclnded;  Hible  retained. 

Sec.  1,151.  No  school  shall  be  entitled  to  or 
receive  any  portion  of  the  school  moneys 
in  which  the  religious  doctrines  or  tenets 
of  any  particular  Christian  or  other  religious 
sect  shall  be  taught,  inculcated  or  practiced, 
or  in  which  any  book  or  books,  containing 
compositions  favorable  or  prejudicial  to  the 
particular  doctrines  or  tenets  of  any  partic- 
ular Christian  or  other  religious  sect  shall 
be  used,  or  which  shall  teach  the  doctrines 
or  tenets  of  any  other  religious  sect,  or 
which  shall  refuse  to  permit  the  visits  and 
examinations  provided  for  in  this  chapter. 
But  nothing  herein  contained  shall  author- 
ize the  board  of  education  or  the  school 
board  of  any  borough  to  exclude  the  holy 
scriptures,  without  note  or  comment,  or  any 
selections  therefrom,  from  any  of  the  schools 
provided  for  by  this  chapter,  but  it  shall 
not  be  competent  for  the  said  board  of  edu- 
cation to  decide  what  version,  if  any.  of  the 
holy  scriptures,  without  note  or  comment, 
shall  be  used  In  any  of  the  schools;  provided 
that  nothing  herein  contained  shall  be  so  .con- 
strued as  to  violate  the  rights  of  conscience, 
as  secured  by  the  constitution  of  this  state 
and  of  the  United  States. 

Certain  private  scliools  antlsorizeil  to 
participate  in  eonimoj>  -sehooi  i'liiul. 
Sec.  1,152.  The  .school  established  and  main- 
tained by  the  Five  Points  House  of  Industry, 
in  the  city  of  New  York,  the  school  estab- 
lished and  maintained  by  the  Ladies’  Home 
Missionary  society  of  the  Methodist  Episcopal 
church,  at  the  institution  in  Park  street,  near 
the  place  usually  called  the  Five  Points,  in 
the  said  city,  and  the  industrial  schools  es- 
tablished and  maintained  under  the  charge  of 
the  Children’s  Aid  society,  in  the  city  of  New 
York,  shall  participate  through  the  school 
board  of  the  boroughs  of  Manhattan  and  the 
Br.'.nx,  in  the  distribution  of  the  common 
school  fund  in  the  same  manner  and  degree 
as  the  common -sohcols  in  the  city  of  New 
York,  and  shall  be  subject  to  the  same  regula- 
tions and  restrictions' as  are  now  by  law  im- 
posed on  the  common  schools  of  New  York. 

I<1.;  to  report  as  to  inoiiey.s  ami  atteml- 
ance. 

Sec.  1,153.  The  board  of  education  shall 
require  from  the  officers  conducting  schools 
by  appointment  of  the  board,  and  frcm  the 
trustees,  managers,  or  directors  of  the  cor- 
porate schools  entitled  to  participate  in  the 
apportionment  of  school  moneys,  a report  in 
all  respects  similar  to  that  formerly  required 
in  the  city  of  New  York,  as  constituted  prior 
to  the  passage  of  this  act,  from  the  trustees 
of  each  v.ard.  And  in  making  the  apportion- 
ment among  the  several  schools,  no  share 
shall  be  allotted  by  any  school  board  to  any 
school  or  society  from  which  no  sufficient 
annual  report  shall  have  been  received, 
for  the  year  ending  on  the  last  day  of  June 
immediately  preceding  the  apportionment. 

Certain  additional  private  Nolioola 
antliorir.ed  to  participate  in  scliool 
i'u  iidH. 


with  the  alms  bouse  of  said  city,  ihe  school 
of  the  Association  for  the  Benefit  of  Colored 
Orphans,  the  schools  of  the  American  Female 
Guardian  Society,  the  school  established  and 
maintained  by  the  New  York  J uvenile  Asylum, 
by  the  New  York  Infant  asylum,  by  the  Nurs- 
ery and  Child’s  hospital,  including  the  coun- 
try branch  thereof;  the  orphan  asylums  and 
industrial  schools  as  existing  in  the  city  of 
Brooklyn  at  the  time  of  the  passage  of  this 
act,  and  the  several  schools  and  branches 
thereof,  the  schools  O'rganized  under  the  act 
entitled  “An  act  to  extend  to  the  city  and 
county  oif  New  York  the  provisions  of  the  gen- 
eral act  in  relation  to  the  common  schools, 
passed  April  11,  eighteen  hundred  and  forty- 
two,’’  or  an  act  to  amend  the  same,  passed 
April  18,  eighteen  hundred  and  forty-three, 
or  an  act  entitled  “An  act  more  effectually 
to  provide  for  common  school  education  in  the 
city  and  county  O'f  New  York,  passed  May 
7,  eighteen  hundred  and  forty-four,”  or  any  of 
the  acts  amending  the  same,  and  such  schools 
as  may  be  organized  under  the  provisions  of 
this  chapter  shall  be  subject  to  the  genera) 
supervision  of  the  board  of  education,  and 
.Shall  be  entitled,  through  the  proper  school 
boards,  to  participate  in  the  apportionment  of 
the  school  moneys,  as  provided  for  in  this 
chapter,  but  they  shall  be  under  the  immedi- 
ate direction  of  their  respective  trustees,  man- 
agers and  directors,  as  herein  provided. 

Id.;  accidental  oniiM.sion  to  report. 

Sec.  1,165.  'iV’heneveran  apportionment  of  the 
public  money  shall  not  be  made  to  any  school, 
in  consequence  o-f  any  accidental  omission  to 
make  any  report  required  by  law,  or  to  com- 
ply with  any  other  regulation  or  provision  of 
law,  the  board  of  education  may,  in  its  dis- 
cretion, direct  an  apportionment  to  be  made 
to  such  si;hool,  according  to  the  equitable 
I ciicumstances  of  the  case,  to  be  paid  out  of  the 
public  money  on  hand,  or  if  the  same  shall 
have  been  distributed  out  of  the  public  money 
to  be  received  in  a succeeding  year. 

Id.;  trustees  ot  sucli  scliools  lusiy  con- 
vey to  eori»oi-ation  and  become 

mersed. 

Sec.  1,150.  The  trustees,  managers,  and  di- 
rectors of  any  of  the  corporate  schools  en- 
titled to  participate  in  the  apportionment  of 
the  school  moneys,  may,  at  any  time,  convey 
their  schcoi  hodses  and  sites  to  the  corpora- 
tion of  the  city  of  New  York,  and  transfer 
any  of  their  schools  to  the  board  of  education, 
on  the  terms  and  in  the  manner  to  be  agreed 
upon  and  prescribed  by  the  hoard  of  education 
so  as  either  to  merge  the  said  schools  in  the 
public  schools  or  adopt  them  as  public  schools; 
and  the  same  shall  then  be  public  schools, 
subject  to  all  the  rules,  duties,  and  liabilities, 
and  enjoy  the  same  rights  as  if  they  had  been 
o-riginally  established  as  public  schools. 

Nautical  school  to  he  estahlished. 

Sec.  1,157.  The  board  of  ^education  is  au- 
thorized and  directed  to  provide  and  maintain 
a nautical  school  in  said  city,  for  the  educa- 
tion and  training  of  pupils  in  the  science  and 
practice  of  navigation;  to  furnish  accommoda- 
tions for  said  school,  and  make  all  needful 
rules  and  regulations  therefor,  and  fo,r  the 
number  and  compensation  ot  instructors  and 
others  employed  therein;  to  prescribe  the  gov- 
ernment and  discipline  thereof,  and  the  terms 
and  conditions  upon  which  pupjJs  shall  be 
received  and  instructed  therein,  and  discharg- 
ed therefrom,  and  provide  in  all  things  for 
the  good  management  of  said  nautical  school. 
! And  said  board  shall  have  power  to  purchase 
! the  bocks,  apparatus,  stationery,  and  other 
things  necessary  or  expedient  to  enable  said 
I school  to  be  properly  and  successfully  con- 


Sec.  1,154.  The  New  York  orphan  asylum 
school,  the  Roman  Catholic  orphan  asylum 
school,  the  schools  of  the  two  half  orphan 
a.=ylums,  the  school  of  the  Society  for  the  Re- 
formation of  Juvenile  Delinquents,  in  the  city 
of  New  York,  the  School  for  the  Leake  and  i ducted,  and  may  cause  the  said  school  or  the 
■Watt’s  Orphans  House,  the  schbol  connected  ' pupils,  or  part  of  the  pupils,  thereof  to  go  on 


b.  ard  vessels  in  the  harbor  of  Now  Y.  rk,  and 
take  cruises  in  or  from  said  harbor  for  the 
purpose  of  obtaining  a practical  knowledge 
In  navigation  and  of  the  duties  of  mariners. 
And  the  said  board  are  hereby  authorized  to 
apply  to  the  United  States  government  for 
the  requisite  use  of  vessels  and  supplies  for 
the  purpose  above  mentioned. 

Nautical  scliool : luaiiafvciiiciit  of. 

Sec.  1,158.  The  said  board  of  education  shall 
appoint  annually  at  least  three  of  their  r.'un- 
ber  who  shall,  subject  to  the  or.ntrol,  super- 
vision and  approbation  of  the  board,  consti- 
tute an  executive  committee,  for  the  care, 
government  and  management  of  such  nautical 
school,  under  rules  and  regulations  so  pre- 
.scribed,  and  whose  duty  it  shall  be,  among 
other  things,  to  recommend  the  rules  and 
regulations  which  they  deem  uece.ssary  and 
proper  for  such  scrtool. 

Id.;  cliaiiilier  of  comsjuerce  to  appoint 

committee  to  .serve  a.s  coniicil. 

Sec.  1,1.69.  The  chamber  ot  commerce  of 
New  York  is  authorized  to  provide  for  and  ap- 
point a committee  of  its  members  to  serve 
as  a council  of  the  nautical  school,  whose  duty 
it  shall  be,  as  far  as  may  be.  to  advise  and 
co-operate  with  the  beard  cf  education  in  the 
establishment  and  management  of  such  schO'Ol 
and  from  time  to  time  to  visit  and  examine 
the  same,  and  to  communicate  in  respect 
thereof,  with  the  board  of  education,  or  such 
executive  committee  thereof,  and  to  make  re- 
ports to  the  chamber  of  commerce,  which  may 
transmit  to  the  state  superintendent  of  public 
instruction  such  reports,  or  auy  thereof,  or  an 
abstract  of  the  same,  with  such  recommenda- 
tions as  may  be  deemed  advisable. 

Id.;  expciESC.'!. 

Sec.  1.160.  After  the  establishment  and  or- 
ganization of  the  said  school,  the  expenses 
thereof,  and  of  carrying  out  the  provisions  of 
this  chapter,  shall  be  defrayed  from  the  mon- 
eys raised  by  law  for  the  s’upport  of  common 
schcols  in  the  city  of  New  York. 

New  TorliC  iiistiiation  for  (!ie  blind. 

Sec.  1,161.  The  board  of  education  is  hereby 
authorized  and  required  to  distribute  to  tha 
managers  of  the  New  York  Institution  for  the 
Blind  a ratable  proportion  of  the  said  school 
fund  to  every  blind  pupil  in  said  institution, 
without  regard  to  age. 

CHAPTER  XIX. 

DEPARTMENT  OP  HEALTH. 

Title  1.  Powers  and  duties  of  the  depart- 
ment, its  officers  and  adminis- 
tration. 

2.  Marriages,  births  and  deaths. 

3.  Duties  ot  physicians  and  others. 

4.  Legal  proceedings  and  punish- 

ment for  disobedience  of  orders 
and  ordinances.  , 

6.  Reimbursement  of  expenses. 

6.  Abatement  by  suit. 

7.  Tenement  and  lodging  houses. 

8.  Pension  fund.  , 

TITLE  1. 

ORGANIZATION,  ADMINISTRATION, 
AUTHORITY,  DUTIES  AND  POW- 
ERS OF  DEPARTMENT. 

Tlie  board  of  bealtb  the  head  of  the 

department  of  health. 

Section  1,167.  The  head  of  the  department 
of  heal'tlh  shall  be  called  the  board  of  health. 
Said  board  shall  consist  of  the  president  of 
the  beard  of  police,  the  health  officer  of  the 
port,  and  three  officers  called  commissioners 
oi  health,  who  shall  be  appointed  by  the  may- 


IIG 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


or.  and  shall  hold  their  reepective  offices  as 
provided  in  chapter  IV  oif  this  act  as  desig- 
nated by  the  mayor. 

Authority,  duty  and  powers  of  the 

hoard  of  health. 

Sec.  1,168.  The  authority,  duty,  and  powers 
cif  the  department  of  health  shall  extend  over 
the  city  of  New  York,  and  the  waters  adja- 
cent thereto,  within  the  jurisdiction  of  eaid 
city,  and  over  the  waters  of  the  bay  within 
the  quarantine  limits  as  estabiished  'by  law, 
but  shall  not  be  held  to  interfere  with  the 
powers  and  duties  of  the  commissioners  of 
quarantine  or  the  health  officer  of  the  port. 
It  shall  be  the  duty  cf  the  department  of 
health  to  make  an  annual  report  to  the  mayor 
of  the  city  of  New  York,  of  all  the  operations 
of  the  department  for  the  previous  year.  The 
mayor  may  at  any  time  call  for  a fuller  report, 
or  for  a report  upon  any  portion  of  the  work 
of  said  department,  whenever  he  may  deem 
it  to  be  for  the  public  good  so  to  do. 

Ail  the  authority,  duty  and  powers  here- 
tofore conferred  or  enjoined  upon  the  health 
departments,  beards  of  health,  health  and 
sanitary  officers  in  any  of  the  municipal  and 
public  corporations  or  parts  thereof,  in  any 
of  the  territory  now  v/ithin  or  hereafter  to 
become  a part  of  the  city  of  New  York,  as 
constituted  by  this  act,  and  within  the  juris- 
diction of  said  city,  by  chapter  seventy-four 
of  the  iaws  of  eighteen  hundred  and  sixty- 
six,  and  the  several  acts  amendatory  thereof, 
and  by  any  other  subsequent  laws  of  this 
state,  and  upon  the  several  officers  and  mem- 
bers Of  said  boards,  by  the  laws  constituting 
and  appointing  all  such  departments, 
boards  of  health,  and  sanitary  officers 
and  members  of  said  boards,  by  the 
laws  constituting  and  appointing  all 
such  departments,  boards  of  health,  and  san- 
itary officers,  and  giving  and  granting  to 
them,  or  any  of  them,  duties  and  powers  not 
inconsistent  with  the  provisions  of  this  act, 
are  hereby  conferred  upon  and  vested  in  and 
enjoined  upon,  and  shall  hereafter  be  ex- 
clusively exercised  in  the  city  of  New  York 
by  the  department-  of  health,  and  board  of 
health,  created  by  this  act,  and  by  the  officers 
of  said  board  of  health  and  the"  said  depart- 
ment of  health,  and  the  same  are  to  be  ex- 
ercised in  the  manner  specified  in  said  chap- 
ter seventy-four  of  the  iaws  of  eighteen  hun- 
dred and  sixty-six,  and  the  several  acts 
amendatory  thereof,  and  by  any  other  subse- 
quent laws  of  the  state  relative  to  health  and 
sanitary  matters,  and  the  prevention  of  pes- 
tilence and  disease  in  said  city  of  New  York, 
or  in  any  part  thereof,  and  in  conformity 
with  the  provisions  of  this  act. 

Duty  of  board  as  to  enforcement  of 

laws;  information. 

Sec.  1,169.  It  shall  be  the  duty  of  said  board 
of  health  to  aid  in  the  enforcement  of,  and 
so  far  as  practicable,  to  enforce  all  laws  cf 
this  state,  applicable  in  said  district,  to  the 
preservation  of  human  life,  or  to  the  care, 
promotion  or  protection  of  health;  and  said 
board  may  exercise  the  authority  given  by 
said  laws  to  enable  it  to  discharge  the  duty 
hereby  imposed;  and  this  section  is  intended 
to  include  all  laws  relative  to  cleanliness, 
and  to  the  use  or  sale  of  poisonous,  unwhole- 
some, deleterious,  or  adulterated  drugs,  medi- 
cines or  food,  and  the  necessary  sanitary  su- 
pervision of  the  purity  and  wholesomeness 
of  the  water  supply  and  the  sources  thereof 
for  the  city  of  New  York.  And  said  board  is 
authorized  to  require  reports  and  information 
at  such  times  and  of  such  facts,  and  gener- 
ally of  suoh  nature  and  extent,  relative  to  the 
safety  of  life  and  promotion  of  health  as  its 
bylaws  or  rules  may  provide,  from  all  public 
dispensaries,  hospitals,  asylums,  infirmaries. 


prisons  and  schools,  and  from  the  managers, 
principals  and  officers  thereof;  and  from  all 
other  public  institutions,  their  officers  and 
managers,  and  from  the  proprietors,  man- 
agers, lessees,  and  occupants  of  all  theaters 
and  other  places  of  public  resort  or  amuse- 
ment in  said  district;  but  such  reports  and  in- 
formation shall  only  be  required  concerning 
matters,  or  particulars,  in'  respect  of  which, 
it  may,  in  its  opinion,  need  information,  for 
the  better  discharge  of  its  duties  in  said  city 
of  New  York  and  every  part  thereof. 

It  is  hereby  made  the  duty  of  the  officers, 
institutions  and  persons  so  called  on,  or  re- 
ferred to,  to  promptly  give  such  information 
and  make  suoh  reports  verbally  or  in  writ- 
ing a.s  may  be  required  by  said  board. 

The  board  of  health  shall  use  all  reasonable 
means  for  ascertaining  the  existence  and 
cause  of  disease  or  peril  to  life  or  health 
and  for  averting  the  same  throughout  said 
city  and  shall  promptly  cause  all  proper  in- 
formation in  possession  of  said  board  to  be 
sent  to  the  local  health  authorities  of  any 
city,  village  or  town  in  this  state  which  may 
request  the  same  and  shall  add  thereto  such 
useful  suggestions  as  the  experience  of  said 
board  may  supply. 

It  shall  be  the  duty  of  said  board,  so  far 
as  it  may  be  able,  without  serious  expense, 
to  gather  and  preserve  such  information  and 
facts  relating  to  death,  disease  and  health 
from  other  parts  of  this  state,  but  especially 
in  said  city,  as  may  be  useful  in  the  dis- 
charge of  its  duties  and  contribute  to  the 
promotion  of  health  or  the  security  of  life 
in  the  state  of  New  York. 

It  shall  be  the  duty  of  said  board  to  give 
all  information  that  may  be  reasonably  re- 
quested concerning  any  threatened  danger 
to  the  public  health  to  the  health  .officer  of 
the  port  of  New  York  and  to  the  commis- 
sioners of  quarantine  of  said  port;  who  shall 
give  the  like  information  to  said  board;  and 
said  board  and  said  officers  and  quarantine 
commissioners  shall,  so  far  as  legal  and 
practicable,  co-operate  together  to  prevent 
the  spread  of  disease  and  for  the  protection 
of  life  and  the  promotion  of  health 
within  the  sphere  of  their  respective  duties. 
Said  board  may  grant  bills  of  health-  to 
masters  of  vessels,  certifying  to  the  condi- 
tion of  the  city  in  respect  of  health. 

Hospitals. 

Sec.  1,170.  Said  board  may  remove  or  cause 
to  be  removed  to  a proper  place,  to  be  by  it 
designated,  any  person  sick  w'ith  any  con- 
tagious, pestilential  or  infectious  disease; 
shall  have  exclusive  charge  and  conj;rol  of  the 
hospitals  for  the  treatment  of  such  cases,  and 
shall  have  power  to  provide  and  pay  for 
the  use  of  proper  places  to  which  to  remove 
such  persons  as  well  as  to  designate  such 
places.  The  board  of  health  is  authorized  and 
empowered  to  erect,  establish,  maintain  and 
furnish,  upon  North  Brothers  island  and  in 
such  other  places  within  the  city  of  New  York 
as  are  now  used  for  such  purposes,  buildings 
and  hospitals  for  the  care  and  treatment  of 
persons  sick  with  contagious  diseases,  and 
shall  have  the  exclusive  charge  and  control 
of  the  said  buildings  and  hospitals.  It  shall 
have  power  to  take  possession  of 
and  occupy  for  temporary  hospitals  any 

building  or  buildings  in  the  said  city, 
during  the  prevalence  of  an  epidemic, 

if  in  the  judgment  of  the  board  the 
same  may  be  required,  and  shall  pay  for  pri- 
vate property  so  taken  a just  compensation 
for  the  same.  Said  board  may  cause  proper 
care  and  attendance  to  be  given  to  persons 
sick  or  removed,  when  it  shall  be  made  to  ap- 
pear to  the  said  board  that  any  such  person 
is  so  poor  as  to  be  unable  to  procure  for 


himself  such  care  and  attendance,  or  that 
the  public  health  requires  special  medical 
care  and  attendance.  The  board  of  health 
may  send  to  such  place  as  it  may  direct,  all 
aliens  and  other  persons  in  the  city,  not  resi- 
dents thereof,  who  shall  be  sick  of  any  in- 
fectious, pestilential  or  contagious  disease. 
The  expense  of  the  support  of  such  aliens 
or  other  persons  shall  be.  defrayed  by  the 
corporation  of  the  city  of  New  York,  unless 
such  aliens  or  other  persons  shall  be  entitled 
to  support  from  the  commissioners  of  emigra- 
tion. No  person  shall  remove  any  person  sick 
with  infectious,  contagious  or  pestilential 
disease  from  any  vessel  or  other  place  in 
said  city  without  a written  permit  from  the 
board  of  health. 

Repaii’s  of  baildlng;. 

Sec.  1,171.- The  powers  of  the  board  of  health 
shall  be  construed  to  include  the  ordering  and 
enforcing  in  the  same  manner  as  other  or- 
ders are  provided  to  be  enforced,  the  repairs 
of  buildings,  houses  and  other  structures; 
the  regulation  and  control  of  all  public  mar- 
kets (so  far  as  relates  to  the  cleanliness,  ven- 
tilation and  drainage  thereof,  and  to  the 
prevention  of  the  sale  or  offering  for  sale 
of  improper  articles  therein) ; the  removal  of 
any  obstruction,  matter  or  thing  in  or  upon 
the  public  streets,  sidewalks  or  places  which 
shall  be  in  its  opinion  liable  to  lead  to  re- 
sults dangerous  to  life  or  health;  the  pre- 
vention of  accidents  by  which  life  or  health 
may  be  endangered,  and  generally  the  abat- 
ing of  all  nuisances.  It  is  hereby  expressly 
declared  that  the  said  board  of  health  shall 
have  and  possess  full  and  complete  power 
with  reference  to  the  ventilation,  drainage  and 
cleanliness  of  the  stands  or  stalls  in  or 
around  all  markets,  and  said  board  shall  have 
in  said  city  all  common  law  rights  to  abate 
any  nuisance  without  suit,  which  can  or  does 
in  this  state  belong  to  any  person  whatever. 

Sanitary  code. 

Sec.  1,172.  The  sanltaay  code  adopted  and 
declared  as  such  at  the  meeting  of  the  board 
of  health  of  the  health  department  of  the 
city  of  New  York,  held  in  the  city  as  for- 
merly constituted  and  bounded  on  the  second 
day  of  June,  one  thousand  eight  hundred  and 
seventy-three,  as  amended  in  accordance  with 
law,  is  hereby  declared  to  be  binding  and  in 
force  in  the  city  constituted  by  this  act,  and 
shall  continue  to  be  so  binding  and  in  force, 
except  as  the  same  may,  from  time  to  time, 
be  revised,  altered,  amended  or  annulled  by 
the  board  of  health  as  herein  provided.  And 
it  shall  be  the  duty  of  said  board,  immediate- 
ly upon  organization  under  this  act,  to  cause 
to  be  conformed  to  this  title  the  sanitary  code 
of  ordinances,  adopted  by  the  existing  de- 
partment of  health,  and  the  departments  and 
boards  of  health  existing  in  the  several  ports 
of  the  city  of  New  York  before  the  passage  of 
this  act,  which  shall  be  called  the  sanitary 
code.”  Said  board  of  health  is  hereby  au- 
thorized and  empowered,  from  time  to  time, 
to  add  to  or  to  alter,  amend  or  annul  any  part 
of  the  said  sanitary  code,  and  may  therein 
publish  additional  provisions  for  the  security 
of  life  and  health  in  the  city  of  New  York  and 
distribute  appropriate  powers  and  duties  to 
the  members  and  employes  of  the  department 
o-f  health,  not  inconsistent  with  the  constitu- 
tion or  laws  of  this  state.  The  board  of 
health  may  embrace  therein  all  matters  and 
subjects  to  which,  and  so  far  ais,  the  power 
and  authority  of  said  department  of  health 
extends,  not  limiting  their  application  to  the 
subject  of  health  only.  But  no  such  revis- 
ion, alteration  or  amendment  shall  take  ef- 
fect or  be  binding  or  in  force,  imtll  the  same 
has  been  published  once  a week  for  two  suc- 
cessive weeks  in  the  City  Record.  The  pub- 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


117 


llcation  of  additional  provisions  in,  and  of, 
additional  ordinances  of  the  sanitary  code 
once  a week  for  two  successive  weeks  in  the 
City  Record  shall  be  sufRcient,  and  render 
any  further  publication  of  the  same  in  any 
other  newspaper  unnecessary.  Any  violation 
of  said  code  or  its  amendments  shall  be 
treated  and  punished  as  a misdemeanor,  and 
the  offender  shall  also  be  liable  to  pay  a 
penalty  of  fifty  dollars,  to  be  recovered  in 
a civil  action  in  the  name  of  the  department 
of  health  of  the  city  of  New  York,  before  any 
justice  or  tribunal  in  said  city,  having  juris- 
diction of  civil  actions:  and  all  such  justices 
and  tribunals  shall  take  jurisdiction  of  such 
action. 

Copies  of  the  record  of  the  proceedings  of 
said  board,  of  its  rules,  regulations,  ordi- 
nances, bylaws  and  books  and  papers  consti- 
tuting part  of  its  archives,  and  the  sanitary 
code,  now  or  hereafter  in  force  in  said  city, 
and  the  ordinances  of  the  sanitary  code  added 
thereto  and  adopted  by  said  board  of  health, 
when  authenticated  by  its  secretary,  or  secre- 
tary pro  tern.,  shall  be  Resumptive  evidence, 
and  the  authentication  taken  as  presump- 
tively correct  in  any  court  of  justice,  or  judi- 
cial proceeding,  when  they  may  be  relevant 
to  the  point  or  matter  in  controversy,  of  the 
facts,  statements,  and  recitals,  therein  con- 
tained. 

Judicial  notice  of  seal  and  presnmp- 

tions. 

Sec.  1,173.  The  actions,  proceedings,  author- 
ity and  orders  of  said  board  of  health  shall 
at  all  times  be  regarded  as  in  their  nature 
judicial,  and  be  treated  as  prima  facie  just 
and  legal.  All  meetings  of  said  board  shall 
in  every  suit  and  proceeding  be  taken  to  have 
been  duly  called  and  regularly  held,  and  all 
orders  and  proceedings  to  have  been  duly 
authorized,  unless  the  contrary  be  proved. 
All  courts  shall  take  judicial  notice  of  the 
seal  of  said  board  and  of  the  signature  of  its 
secretary  and  chief  clerk. 

Seal. 

Sec.  1,174.  The  board  of  health  may  design 
and  adopt  a seal,  and  use  the  same  in  the 
authentication  of  its  orders  and  proceedings, 
commissioning  its  officers  and  agents,  and 
otherwise,  as  the  rules  of  the  board  may  pro- 
vide. Said  board  may  enact  such  bylaws, 
rules  and  regulations  as  it  may  deem  advis- 
able, in  harmony  with  the  provisions  aifd  pur- 
poses of  this  chapter,  and  not  inconsistent 
with  the  constitution  or  laws  of  this  state, 
for  the  regulation  of  the  action  of  the  said 
board,  its  officers  and  agents,  in  the  dis- 
charge of  its  and  their  duties,  and  from  time 
to  time  may  alter,  annul  or  amend  the  same. 

Publication  of  reports  and  statistics. 

Sec.  1,175.  The  board  of  health  may  estab- 
lish as  it  shall  deem  wise,  and  to  promote 
the  public  good  and  public  service,  reasonable 
regulations  as  to  the  publicity  of  any  of  the 
papers,  files,  reports,  records  and  proceedings 
of  the  department  of  health;  and  may  pub- 
lish such  information  as  may,  in  its  opinion, 
be  useful,  concerning  births,  deaths,  mar- 
riages, sickness,  and  the  general  sanitary 
conditions  of  said  city,  or  any  matter,  place 
or  thing  therein.  Said  department  shall  pre- 
pare and  keep  the  statistics  of  tenements  and 
lodging-houses,  and  make  semi-annual  re- 
ports upon  the  same,  and  transmit  such  sta- 
tistics to  the  state  board  of  health. 

ProceedinKM  relative  to  dangerous 

buildings,  vessels,  places  and  things. 

Sec.  1,176.  Whenever  any  building,  erec- 
tion, excavation,  premises,  business  pursuit. 
Blatter  or  thing,  or  the  sewerage,  drainage  or 


ventilation  thereof,  in  said  city,  shall,  in  the 
opinion  of  said  board,  whether  as  a whole  or 
in  any  particular,  be  in  a condition  or  in  effect 
dangerous  to  life  or  health,  said  board  may 
take  and  file  among  its  records  what  it  shall 
regard  as  sufficient  proof  to  authorize  its 
declaration  that  the  same,  to  the  extent  it 
may  specify,  is  a public  nuisance,  or  dan- 
gerous to  life  or  health;  and  said  board  may 
thereupon  enter  in  its  records  the  same  as  a 
nuisance,  and  order  the  same  to  be  removed, 
abated,  suspended,  altered  or  otherwise  im- 
proved or  purified,  as  said  order  shall  specify; 
and  if  any.  party  served  with  such  order 
(or  intended  to  be  according  to  this  chap- 
ter), shall,  before  its  execution  is  commenced, 
or  within  three  days  after  such  service  or 
attempted  service,  apply  to  said  board,  or  the 
president  thereof,  to  have  said  order  or  its 
execution  stayed  or  modified,  it  shall  then 
be  the  duty  of  said  board  to  temporarily  sus- 
pend or  modify  said  order  or  the  execution 
thereof,  save  in  cases  of  imminent  danger 
from  impending  pestilence,  when  said  board 
may  exercise  extraordinary  powers,  as  herein 
elsewhere  specified,  and  to  give  such  party 
or  parties  together,  as  the  case’  in  the  opin- 
ion of  the  board  may  require,  a reasonable 
and  fair  opportunity  to  be  heard  before  said 
board,  and  to  present  facts  and  proofs,  ac- 
cording to  the  rules  or  directions  of  said 
board,  against  said  declaration  and  the 
execution  of  said  order,  or  in  favor  of  its  mod- 
ification, according  to  the  regulations  of  the 
board;  and  the  board  shall  enter  in  its  min- 
utes such  facts  and  proofs  as  it  may  receive 
and  its  proceedings  on  such  hearing,  and  any 
other  proof  it  may  take;  and  thereafter  may 
rescind,  modify  or  reaffirm  its  said  declaration 
and  order,  and  require  execution  of  said  origi- 
nal, or  of  a new  or  modified  order  to  be  made, 
in  such  form  and  effect  as  it  may  finally  de- 
termine. Said  board  may  order  or  cause  any 
excavation,  erection,  vehicle,  vessel,  water- 
craft, room,  build'ng,  place,  sewer,  pipe,  pas- 
sage, premises,  ground,  matter  or  thing,  in 
said  city  or  adjacent  waters,  regarded  by  said 
board  as  in  a condition  dangerous  or  detri- 
mental to  life  or  health,  to  be  purified,  clean- 
ed, disinfected,  altered  or  Improved;  and  may 
also  order  any  substance,  matter  or  thing, 
being  or  left  in  any  street,  alley,  water,  ex- 
cavation, building,  erection,  place  or  grounds 
(whether  such  place  where  the  same  may 
be  public  or  private),  and  which  said  board 
may  regard  as  dangerous  or  detrimental  to 
life  or  health,  to  be  speedily  removed  to 
some  proper  place;  and  may  designate  or 
provide  a place  to  which  the  same  shall  be 
removed,  when  no  such  adequate  or  proper 
place,  in  the  judgment  of  said  board,  is  al- 
ready provided.  If  said  order  is  not  complied 
with,  or  as  far  complied  with  as  said  board 
of  health  may  regard  as  reasonable,  within 
five  days  after  such  service  or  attempted  serv- 
ice, or  within  any  shorter  time  which,  in  case 
of  pestilence, the  board  of  health  may  have  desig- 
nated, or  is  not  thereafter  speedily  and  fully 
executed,  then  any  such  order  may  be  exe- 
cuted as  herein  elsewhere  provided  in  regard 
to  any  of  the  orders  of  said  board.  And  if 
personal  service  of  any  aforesaid  order  can- 
not be  made  under  this  section  by  reason  of 
absence  from  said  district,  or  inability  to  find 
one  or  more  of  the  owners,  occupants,  lessees, 
or  tenants  of  the  subject  matter  to  which  said 
order  relates,  or  one  or  more  of  the  persons 
whose  duty  it  was  to  have  done  what  is  there- 
in required  to  be  done,  as  the  case  may  ren- 
der just  and  proper  in  the  opinion  of  said 
board;  to  be  shown  by  the  official  certificates 
of  the  officer  having  such  order  to  serve,  then 
service  may  be  made  through  the  mail,  or  by 
a copy  left  at  the  residence  or  place  of  busi- 
ness of  the  person  sought  to  be  served,  with  a 


person  of  suitable  age  and  discretion,  and  the 
expenses  attending  the  execution  of  any  and 
all  such  orders  respectively  shall  be  a several 
and  joint  personal  charge  against  each  of  the 
owners  or  part  owners,  and  each  of  the  lessees 
and  occupants  of  the  building,  business,  place, 
property,  matter  or  thing  to  which  said  order 
relates,  and  in  respect  of  which  said  expenses 
were  incurred;  and  also  against  every  person 
or  body  who  was  by  law  or  contract  bound  to 
do  that  in  relation  to  such  business,  place, 
street,  property,  matter  or  thing,  which  said 
order  'requires,  and  said  expenses  shall  also 
be  a lien  on  all  rent,  compensation  due,  or 
to  grow  due,  for  the  use  of  any  place,  room, 
building,  premises,  matter,  or  thing,  to  which 
said  order  relates,  and  in  respect  of  which, 
said  expenses  were  incurred;  and  also,  a liea 
on  all  compensation  due  or  to  grow  due  for 
the  cleaning  of  any  street,  place,  ground,  or 
thing,  or  -for  the  cleansing  or  removal  of  any 
matter,  thing  or  place,  the  failure  to  do  which 
by  the  party  bound  so  to  do,  or  the  doing  of 
the  same  in  whole  or  in  part  by  order  of  said 
board,  was  the  cause  or  occasion  of  any  such 
order  or  expense.  Said  board  of  health,  its 
assignee,  or  the  party  who  has,  under  its  order 
or  that  of  the  police  board,  acting  there- 
under, incurred  said  expense,  or  has  rendered 
service  for  which  payment  is  due,  and  as  the 
rules  of  said  board  of  health  may  provide, 
may  institute  and  maintain  a suit  against 
any  one  herein  declared  liable  for  expenses 
as  aforesaid,  or  against  any  person,  firm  or 
corporation,  owing,  or  who  may  owe,  such  rent 
or  compensation,  and  may  recover  the  ex- 
penses so  incurred  under  any  order  aforesaid. 
And  only  one  or  more  of  such  parties  liable 
or  interested  may  be  made,  parties  to  such  ac- 
tion as  the  board  may  elect;  but  the  parties 
made  responsible  as  aforesaid  for  such  ex- 
penses shall  be  liable  to  contribute,  or  to 
make  payment  as  between  themselves,  in  re- 
spect of  such  expenses  and  of  any  sum  re- 
covered for  such  expenses  or  compensation,  or 
by  any  party  paid  on  account  thereof,  accord- 
ing to  the  legal  or  equitable  obligation  exist- 
ing between  them. 

Estraor«linary  exiienditares. 

Sec.  1,177.  The  department  of  health  may 
use,  in  compensation  of  special  inspectors,  phy- 
aiciane  and  nursee,  and  for  supplies  and  con- 
tingencies, such  sum,  not  exceeding  in  the  ag- 
gregate eighty  thousand  dollars,  in  excess  of 
the  annual  appropriation,  as  may  be  at  any 
time  appropriated  by  the  board  of  estimate 
and  apportionment  for  tne  prevention  of  dan- 
ger fro,m  contagious  or  infectious  diseases 
found  to  exisit  in  said  city,  or  for  the  care  of 
persons  exposed  to  danger  from  contagioui 
or  infectious  diseases. 

Declaration  of  imminent  peril. 

Sec.  1,178.  In  the  presence  of  great  and  im- 
minent peril  to  the  public  health  'by  reason 
of  impending  pestilence,  it  shall  be  the  duty 
of  the  board  of  health,  having  first  taken  and 
filed  among  i'ts  records  what  it  shall  regard 
as  sufficient  proof  to  authorize  its  declaration 
of  such  peril,  and  having  duly  entered  the 
same  in  its  records,  to  take  such  measures, 
and  to  do  and  order  and  cause  to  be  done, 
such  acts  and  make  such  expenditures  (be- 
yond those  duly  estimated  for  or  provided) 
for  the  prese.rvation  of  the  public  health 
(though  not  herein  elsewhere  or  otherwise 
authorized)  as  it  may  in  good  faith  declare 
the  public  safety  and  health  demand,  and  the 
mayor  shall  in  writing  approve.  But  the  ex- 
ercise of  this  extraordinary  power  shall  also, 
so  far  as  it  involves  such  excessive  expen- 
ditures, require  the  written  consent  of  at 
least  three  members  of  the  hoard  of  health, 
and  the  approval  aforesaid  of  the  mayor.  And 
such  peril  shall  not  he  deemed  to  exist  9tr 


118 


THE  CHARTED  OF  THE  CITY  OF  NEW  YORK. 


cept  Wien,  and  for  such  period  of  time,  as 
the  beard  of  health  and  mayor  shall  declare. 

Bureaus. 

Sec.  1,179.  There  shall  be  two  bureaus  in 
the  department  of  health.  The  chief  officer 
of  one  bureau  shall  be  called  tbe  “sanitary 
superintendent,"  who,  at  the  time  of  his  ap- 
pointment, shall  have  been,  for  at  least  ten 
years,  a practicing  physician,  and  for  three 
years  a resident  of  the  city  o:f  New  York, 
and  he  shall  be  the  chief  executive  officer  of 
said  department.  The  chief  officer  of  the  sec- 
ond bureau  shall  be  called  the  “registrar  of 
records”;  and  in  said  'bureau  shall  be  record- 
ed, without  fees,  every  birth,  marriage  and 
death,  and  ail  inquisitions  of  coroners,  which 
shall  occur,  or  be  taken  within  the  city  of 
New  York.  But  in  cases  of  inquests,  where 
the  jury  sbal'l  find  that  the  death  was  caused 
by  negligence  or  maliciou.s  injury,  only  a 
copy  of  the  record  need  be  filed  in  said  bu- 
reau. 

Ollices  and  e.xpenses. 

Sec.  1,180.  The  board  of  health  may  fit  up 
and  furnish  such  offices  and  such  branch 
offices  in  each  and  every  borough  provided 
for  the  department  of  health  in  accordance 
with  law,  as  the  convenience  of  the  depart- 
ment, its  officers,  agents  and  employes,  and  the 
prudent  and  proper  discharge  of  the  duties  of 
the  department  may  require;  and  may,  subject 
to  the  other  provisions  of  this  act,  make  such 
other  incidental  and  additional  expenditures, 
having  due  regard  to  economy,  as  the  purposes 
and  provisions  of  this  chapter,  and  the  dan- 
gers to  life  and  public  health  may  justify  or 
require;  and  may  provide  that  any  failure  of 
any  officer,  agent,  or  employe  of  the  depart- 
ment to  duly  fulfill  his  engagements  or  dis- 
charge his  duty  shall  cause  a forfeiture  of  the 
whole,  or  any  less  portion  of  the  salary  or 
compensation  of  such  officer,  agent,  or  em- 
ploye, as  the  rules  or  practice  of  the  depart- 
ment may  provide. 

Boi’ongli  ofRees  to  be  mnintniiied. 

Sec.  1,181.  The  board  of  health  shall  estab- 
lish and  maintain  in  the  boroughs  of  Man- 
hattan, the  Bronx,  Brooklyn,  Queens  and 
Richmond,  offices  wherein  the  business  and 
duties,  of  the  department  of  health  shall  be 
performed  and  discharged  under  its  rules, 
regulation  and  control.  To  this  end  the 
board  of  health  shall  appoint  assistant  sani- 
tary superintendents,  and  assistant  registrars 
of  records,  one  of  each  of  such  officers  to 
be  assigned  to  each  of  the  five  borough  offices 
above  mentioned,  and  so  many  of  the  other 
officers,  clerks,  inspectors  and  subordinates 
allowed,  pursuant  to  this  chapter,  as  may  be 
necessary  to  conduct  and'  transact  the  busi- 
ness of  the  health  department,  in  each  of  the 
said  boroughs.  In  such  borough  offices,  the 
board  of  health  shall  preserve  the  records, 
files,  reports  and  papers  belonging  and  per- 
taining to  the  borough  in  which  the  office  is 
located.  In  the  general  office  of  the  health 
department  in  the  borough  of  Manhattan,  shall 
also  be  preserved  and  kept,  both  for  record 
and  the  use  of  the  board  of  health,  the  arch- 
ives of  the  department  of  health,  and  all  the 
records,  books,  reports,  files  and  papers  be- 
longing and  pertaining  to  the  general  ad- 
ministration of  the  health  department,  and 
the  business  and  transactions  of  the  bo'ard 
of  health,  as  well  as  those  which  belong  to, 
and  have  special  reference  to,  the  business 
and  transactions,  and  the  discharge  of  the 
duties  and  powers  of  the  health  department 
in  the  borough  of  Manhattan.  The  board  of 
health  may  likewise  establish  such  other  ad- 
ditional offices  as  it  shail  deem  necessary  for 
the  proper  discharge  of  the  duties  and  powers 
Of  the  health  department  in  the  several  bor- 


oughs, with  such  force  as  may  be  essential 
thereto  throughout  the  city  as  constituted  by 
this  act,  but  shail  always  maintain  its  chief 
office  in  the  borough  of  Manhattan. 

Deles'atioii  of  powers. 

Sec.  1,182.  The  board  of  health  may  from 
time  to  time  delegate  any  portion  of  its  pow- 
ers to  the  sanitary  superintendent  or  an  as- 
sistant sanitary  superintendent,  to  be  exer- 
cised by  such  delegate  from  the  time  and  in 
manner,  and  to  the  extent  specified  in  such 
delegation  in  writing.  Provided,  however, 
that  this  section  shall  not  be  c5nstrued  in  re- 
straint of  the  general  power  of  the  board  of 
health  to  discharge  its  duties  through  any 
and  all  of  its  appointees.  The  department  of 
health  shall  have  a secretary,  who  shall,  sub- 
ject to  the  direction  of  the  board  of  health, 
keep  and  authenticate  the  acts,  records,  pa- 
pers and  proceedings  of  the  department  of 
health,  preserve  its  books  and  papers,  conduct 
its  correspondence,  and  aid  generally  in  ac- 
complishing the  purposes  of  this  chapter.  The 
boaj'd  of  health  may  designate  a clerk  to  be 
the  chief  clerk  of  the  department,  and  a clerk 
in  each  of  the  offices  of  the  five  boroughs 
above  mentioned,  to  be  an  assistant  chief 
clerk,  who  may  perform  such  duties  of  the 
secretary  as  shall  be  assigned  to  him;  and 
papers  certified  by  such  chief  clerk  or  by  an 
assistant  chief  clerk  shall  be  of  the  same  ef- 
fect as  evidence  and  otherwise  as  if  certified 
by  the  secretary. 

Duty  of  sauitiiry  sui>erintendent.s. 

Sec.  1,183.  It  shall  be  the  duty  of  the  sani- 
tary superintendent  and  the  assistant  sani- 
tary superintendents,  as  each  may  be  di- 
rected, to  execute  or  cause  to  be  executed,  the 
orders  of  said  department  of  health,  and  gen- 
erally, according  to  instructions,  to  exercise  a 
practical  supervision  in  respect  to  the  in- 
spectors, agents  and  persons  other  than  the 
secretary,  and  health  commissioners,  and  as’ 
to  the  members  of  the  police  force  who  may 
exercise  any  authority  under  this  chapter; 
and  said  officers  shall  devote  their  services  to 
the  afo'resaid  purposes,  as  the  board  of  health 
may,  from  time  to  time  direct.  Each  such 
superintendent  shail  make  reports  weekly  or 
oftener,  if  directed  by  the  board  of  health, 
in  writing,  stating  generally  his  own  action 
and  that  of  his  subordinates,  and  the  condi- 
tion of  the  pubiic  health  in  said  city,  or  any 
portion  thereof,  and  any  causes  endangering 
life  or  health  which  have  come  to  his  knowl- 
edge during  that  period. 

Reports  of,  ami  inspection. 

Sec.  1,184.  The  sanitary  superintendent,  the 
assistant  sanitary  superintendents,  the  sani- 
tary inspectors  and  the  officers  of  said  depart- 
ment may  visit  all  sick  persons,  who  shall  be 
reported  to  the  department  of  health  as  sick 
of  any  contagious,  pestilential  or  infectious 
disease  and  report  to  the  department  of 
health,  in  writing,  his  or  their  opinion  of 
their  sickness.  He.  or  they,  shall  visit  and 
inspect  all  vessels  coming  to  the  wharves, 
landing  places  or  shores  of  said  city,  or  with- 
in three  hundred  yards  thereof,  which  are 
suspected  of  having  on  hoard  any  infectious 
or  contagious  disease,  or  likely  to  commun- 
icate the  disease  to  the  inhabitants  of  said 
city,  and  all  stores  and  places  within  the  said 
city,  which  are  suspected  to  contain  putrid 
or  unsound  provisions  or  other  articles  likely 
to  communicate  disease  to  the  inhabitants, 
and  make  and  sign  a report  in  writing,  stating 
the  vessel,  stores,  places  and.  articles  so  in- 
spected hy  him  or  them,  and  the  nature, 
state  and  situation  thereof,  and  his  or  their 
opinion  in  relation  thereto,  as  to  the  proba- 
bility of  disease  being  communicated  by  or 


from  the  same,  and  file  such  report  in  the 
chief  office  of  the  department  of  health. 

Sanitary  in.spectoivj. 

Sec.  1,185.  The  board  of  health  shall  ap- 
point and  commission  at  least  fifty  sanitary 
inspectors,  and  shall  have  power  to  appoint 
twenty  additional  sanitary  inspectors,  if  it 
deems  that  number  necessary,  and  from  time 
to  time  to  prescribe  the  duties  and  salaries 
of  each  of  said  inspectors,  and  the  place  of 
their  performance,  and  of  all  other  persons 
exercising  any  authority  under  said  depart- 
ment, except  as  herein  specially  provided;  but 
thirty  of  such  inspectors  shall  be  physicians 
of  skill  and  of  practical  professional  experi- 
ence in  said  city.  The  additional  sanitary  in- 
spectors heretofore  duly  appointed  and  com- 
missioned, either  in  Nev;  York  city  or  in  the 
city  of  Brooklyn,  may  be  included  among  the 
sanitary  inspectors  mentioned  in  this  sec- 
tion, and  may  continue  to  act  as  such  without 
reappointment,  but  nothing  herein  contained 
shall  curtail  any  of  the  powers  vested  in  the 
department  of  health  hy  this  act,  and  the 
number  of  sanitary  inspectors  for  whom  pro- 
vision is  made  in  this  section  shall  be  exclu- 
sive of  the  special  inspectors  for  whom  pr,s- 
viS'ion  is  made  in  section  1,186  and  elsewhei'e 
in  this  act.  All  of  the  said  inspectors  shall 
have  such  practical  knowledge  of  scientific  or 
sanitary  matters  as  qualify  them  for  the  du- 
ties of  their  office.  Each  of  such  inspectora 
shall  once  in  each  week  make  a written  re- 
port to  said  department,  stating  what  duties 
he  has  performed,  and  where  he  has  per- 
formed them,  and  also  such  facts  as  have 
come  to  his  knowledge  connected  with  the 
purposes  of  this  chapter  as  are  by  him  deem- 
ed worthy  of  the  attention  of  said  depart- 
ment, or  such  as  its  regulations  may  require 
of  him;  which  reports,  with  the  other  reports 
herein  elsewhere  mentioned,  shall  be  filed 
among  the  records  of  the  said  department. 

Sanitary  engineering  service. 

Sec.  1,186.  The  board  of  health  may,  from 
time  to  time,  engage  a suitable  person  or 
persons  to  render  sanitary  engineering  service 
and  to  make  or  supervise  practical  and  scien- 
tific sanitary  investigations  and  examinations 
in  the  city  requiring  engineering  skill,  and  to 
prepare  plans  and  reports  relative  thereto. 

Badges. 

Sec.  1,187.  The  board  of  health  may  provide 
a badge  of  metal  with  a suitable  inscription 
thereon,  and  direct  and  require  it  to  be  worn, 
in  a position  to  be  designated  by  any  person 
or  officer  under  the  authority  of  said  depart- 
ment, at  such  times  and  under  such  circum- 
stances as  the  rules  and  bylaws  of  said  de- 
partment shall  direct. 

Exaininatioii!>(  and  survey.s. 

' Sec.  1,188.  The  members  of  the  beard  of 
health,  the  health  commissioners,  the  sani- 
tary superintendent,  the  assistant  sanitary 
superintendents,  and  any  of  the  sanitary  in- 
spectors, and  such  other  officer  or  person  as 
may,  at  any  time  he  by  said  board  of  health 
authorized,  may,  without  fee  or  hindrance, 
enter,  examine  and  survey  all  grounds,  erec- 
tions, vehicles,  structures,  apartments,  build- 
ings, and  every  part  thereof,  and  places  in  the 
city,  including  vessels  of  all  kinds  in  the  wa- 
ters, and  all  cellars,  sewers,  passages  and 
excavations  of  every  sort,  and  inspect  the 
safety  and  sanitary  condition,  and  make 
plans,  drawings  and  descriptions  thereof,  ac- 
cording to  the  order  or  regulations  of  said 
department.  Said  department  may  make  and 
publish  a report  of  the  sanitary  condition,  "and 
the  result  of  the  inspection  of  any  place,  mat- 
ter or  thing  in  the  city,  so  inspected  or  other- 
wise, as  aforei.aid,  so  far  as,  in  the  opinion 


119 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


of  the  beard  of  health,  such  publication  may 
be  useful. 

Proofs  aud  affidavits. 

Sec.  1,189.  Pioofs,  affidavits  and  examina- 
tions as  to  any  matter  under  this  chapter  may 
be  taken  by  or  before  the  beard  of  health  or 
other  person,  as  the  beard  of  health  shall  au- 
thorize; and  commissioners  of  health,  the  sec- 
retary, the  sanitary  superintendent,  assistant 
sanitary  superintendents,  and  any  member  of 
said  department  shall,  severally,  have  au- 
thority to  administer  oaths  in  sUch  matters, 
and  any  person  guiity  cf  willfully  answering 
or  testifying  falseiy  therein  shall  incur  all 
the  pains  and  penalties  of  perjury. 

Regristrar  of  records. 

Sec.  1,190.  The  board  of  health  shall  ap- 
point a registrar  of  records  and  five  assistant 
registrars  of  records  of  whom  one  shall  be 
placed  and  have  his  office  in  each  of  the  bor- 
ough offices  ot  the  health  department,  and 
there  discharge  the  duties  and  powers  of  the 
registrar  of  record-  so  far  as  the  same  shall 
have  been  committed  to  him  by  the  board  of 
health,  or  the  registrar  of  records,  but  always 
subject  to  the  direction  and  control  of  the 
board  of  health. 

Id.;  and  payment  for  nig-Iit  medical 

service. 

Sec.  1,191.  It  shall  be  the  duty  of  the  regis- 
trar of  records  and  each  assistant  registrar 
of  records,  in  his  borough,  and  where  his  of- 
fice is  located,  to  ascertain  and  report  to  each 
captain  of  the  police  whether  any  physician 
who  applies  for  registry,  as  willing  to  re- 
spond to  any  call  for  medical  attendance,  as 
provided  in  this  act,  is  in  good  and  regular 
standing,  and  to  transmit  to  such  captain  a 
certificate  tbereef.  It  shali  be  the  duty  of 
the  department  of  health  to  pay  at  sight  the 
fee  of  $3  certified  to  be  due  any  physician,  in 
accordance  with  the  provisions  of  this  act, 
and  to  enter  such  payment  in  a book  provided 
for  that  purpose,  and  to  take  up  the  certificate 
issued  therefor. 

Suits  and  service  of  i)apers. 

Sec.  1,192.  Said  board  of  health  may  sue  and 
be  sued  in  and  by  the  proper  name  of  “The 
departmentof  health  of  the  city  of  New  York,” 
and  not  in  or  by  the  name  of  the  members  of 
said  board  or  any  of  them  and  service  of  all 
process  suits  and  proceedings  against  or  af- 
fecting said  board,  and  other  papers  may  be 
made  upon  the  president  of  said  board,  or 
upon  its  secretary,  and  not  otherwise;  except 
that,  according  to  usual  practice  in  other 
suits,  papers  in  suit  to  which  said  board  of  j 
health  is  a party  may  be  served  on  the  cor- 
poration- counsel  or  such  assistant  as  may  be 
assigned  by  him  to  the  health  department. 
Attorney. 

Sec.  1,193.  The  corporation  counsel  shall 
assign  such  assistant  counsel  as  may  be  need- 
ful to  the  department  of  health,  as  provided 
In  chapter  VII.  of  this  act. 

Salaries. 

Sec.  1,194.  The  annual  ^'.aries  co  be  paid  to 
persons  herein  named,  and  appointed  to  the 
several  specified  positions,  stia'.l,  from  and 
after  their  entrance  upon  their  duties,  be  as 
follows,  and  such  salaries  shall  be  in  full 
for  all  services  rendered  by  them  to  the  city 
In  any  capacity  whatever: 

To  the  president  of  the  board  of  health, 
seven  thousand  five  hundred  dollars. 

To  the  commissioners,  other  than  the  presi- 
dent, six  Aousand  dollars  each. 

To  the  sanitary  superintendent,  six  thous- 
and dollars. 

To  the  secretary,  five  thousand  dollars. 

To  the  assistant  sanitary  superintendents, 
•acb  three  thousand  five  hundred  dollars. 


To  the  registrar  of  records,  four  thousand 
dollars. 

To  the  assistant  registrars  of  record,  each 
three  thousand  dollars. 

To  the  chief  clerk  of  the  depai’tment  of 
health,  three  thousand  dollars;  and  to  the 
other  clerks  and  employees  regularly  employed 
in  the  service  of  the  department  the  salaries 
from  time  to  time  fixed  and  prescribed  for 
them  and  their  offices  respectively  by  the 
board  of  health. 

Id.;  and  no  fees. 

Sec.  1,195.  No  salary  or  compensation  shall 
be  paid  to,  or  fees  demanded  by,  or  expenses 
ordered  to  be  incurred  by  any  officer,  depart- 
ment, or  agent,  or  in  respect  to  any  service, 
expenditure  or  employment  under  the  author- 
ity of  any  health  law,  ordinance,  regulation 
or  appointment  in  said  city,  unless  such  sal- 
ary, expenditure,  employment,  fees  or  expense 
shall  be  authorized  by  the  department  of 
health.  No  municipal  body  or  other  author- 
ity shall  create  any  office  or  employ  any 
officer  or  agent,  or  incur  any  expense  under 
any  health  laws  or  ordinances,  or  in  respect 
I of  any  matter  concerning  which  said  health 
department  is  by  this  chapter  given  control 
or  jurisdiction. 

No  personal  liability. 

Sec.  1,196.  No  member,  officer,  or  agents  of 
said  department  of  health,  and  no  person  or 
persons  other  than  the  department  of  health 
or  the  city  itself  shall  be  sued  or  held  to 
liability,  for  any  act  done  or  omitted  by 
either  person  aforesaid,  in  good  faith,  and 
with  ordinary  discretion,  on  behalf  of  or  un- 
’ der  said  department,  or  pursuant  to  its  regu- 
lations, ordinances  or  health  la-ws.  And  any 
person  whose  property  may  have  been  unjust- 
ly or  illegally  destroyed  or  injured,  pursu- 
ant to  any  order,  regulation  or  ordinance,  or 
action  cf  said  department  of  health  or  its  offi- 
cers, for  which  no  personal  liability  may  ex- 
ist, as  aforesaid,  may  maintain  a proper  ac- 
tion against  the  city  for  the  recovery  of  the 
proper  compensation  or  damage.  Every  such 
I suit  must  be  brought  within  six  months  after 
the  cause  of  action  arose,  and  the  recovery 
shall  be  limited  to  the  damages  suffered. 
Orilers  ot  flie  board. 

Sec.  1,197.  The  board  of  health,  if  it  shall 
consider  the  -public  health  or  interests  so  to 
require,  may  execute  orders  through  its  own 
officers  or  agents,  and  means  to  be  engaged 
by  the  board  of  health.  Whatever  expenses 
said  board  of  health  may  lawfully  and  proper- 
ly incur  in  the  execution  of  any  order,  resolu- 
tion or  judgment  aforesaid,  or  in  executing, 
or  in  connection  with  its  own  orders,  made 
in  good  faith,  or  in  and  about  the  discharge, 
in  good  faith,  of  its  duties,  or  in  satisfying 
any  liabiiity  or  judgment  it  may  have  in 
good  faith  incurred  or  suffered  by  reason  of 
i its  acts,  done  in  good  faith,  as  aforesaid,  or 
in  satisfying  any  claim  against  its  officers  or 
subordinates,  arising  from  their  acts  in  the 
discharge,  in  good  faith,  of  their  respective 
duties,  shall,  so  far  as  established,  be  paid 
out  of  the  fund  or  other  moneys  of  the  de- 
partment of  health. 

Execution  may  be  compelled. 

Sec.  1,198.  All  orders  duly  made  by  any  of 
the  departments  of  health  or  boards  of  health 
or  health  and  sanitary  authorities  or  officers, 
to  which  said  department  succeeded,  and  by 
their  terms  or  necessary  legal  effect,  to  be 
executed  in  the  city  of  New  York,  may  be 
executed,  and  the  execution  thereof  com- 
pelled, and  the  execution  of  such  of  them  | 
as  are  partly  Executed  may  be  compelled  by 
the  department  of  health;  and  the  said  orders 
may  be  severally  rescinded  or  modified  by 
said  department,  with  like  effect,  as  could  I 


have  been  done  by  the  department,  board  of 
health,  or  sanitary  authority  existing  at  the 
time  the  said  orders  were  severally  made. 
The  said  department  may  discharge  all  liens 
upon  real  estate  in  the  city  of  New  York, 
created  by  any  board  of  health  or  sanitary 
authorities  above  mentioned,  or  created  in 
proceedings  instituted  by  the  metropolitan 
board  of  health  or  the  department  of  health, 
which  succeeded  thereto,  in  the  same  manner 
and  for  the  same  causes  that,  by  laws  ex- 
isting January  first,  eighteen  hundred  and 
seventy,  they  could  be  discharged  by  the 
metropolitan  board  of  healih. 

Rlgbt  of  inspection. 

Sec.  1,199.  It  is  hereby  made  the  duty  of 
all  departments,  officers  and  agents,  having 
the  control,  charge  or  custody  of  any  public 
structure,  work,  ground,  or  erection,  or  of 
any  plan,  description,  outline,  drawing  or 
charts  thereof,  or  relating  thereto,  made, 
kept  or  controlled  under  any  public  au- 
thority, to  permit  and  facilitate  the  examina- 
tion and  inspection,  and  the  making  of 
copies  of  the  same  by  any  officer  or  person 
thereto  by  said  department  of  health  au- 
thorized. 

Complaint  book. 

Sec.  1,200.  The  board  of  health  shall  cause 
to  be  kept  a general  complaint  book,  or 
several  such  books,  in  which  may  be  en- 
tered by  any  person,  in  good  faith,  any  com- 
plaints of  a sanitary  nature  which  such  per- 
son thinks  may  be  useful,  with  the  name  and 
residence  of  the  complainant,  and  may  give 
the  names  of  the  person  or  persons  com- 
plained of,  and  the  date  of  the  entry  of  the 
complaint,  and  such  suggestions  of  any  reme- 
dy as  may  in  go-o-d  faith  be  thought  ap- 
propriate, and  said  books  shall  be  open  to 
all  reasonable  public  examination,  regulated 
in  al!  respects  as  said  board  may  deem 
proper,  and  for  the  public  service;  and  the 
board  of  health  shall  cause  the  facts  in  re- 
gard to  such  complaints  to  be  investigated 
and  the  appropriate  remedy  to  be  applied. 

Duties  of  owners, lessees  ami  oceupaiits 

Sec.  1,201.  It  is  hereby  declared  to  be  ibe 
duty  of  every  owner  and  part  owner  and  per- 
son interested,  and  of  every  lessee,  tenant, 
and  occupant  of,  or  in  any  place,  water,  ground, 
room,  stall,  apartment,  building,  erection,  ves- 
sel, vehicle,  matter  and  thing  in  said  city,  and 
of  every  person  conducting  or  interested  in 
business  therein,  or  thereat,  and  of  every 
person  who  has  undertaken  to  clean  any  jlace 
ground,  or  street  therein,  and  of  every  person, 
public  officer,  and  department  having  charge 
of  any  ground,  place,  building,  or  er-ection 
therein,  to  keep,  place  and  preserve  the  same 
and  every  part,  and  the  sewerage,  drainage  and 
ventilation  thereof  in  such  condition,  and  to 
conduct  the  same  in  such  manner,  that  it 
shall  not  be  a nuisance,  or  be  dangerous  or 
prejudicial  to  life  or  health. 

Police  department  assistance. 

Sec.  1,202.  It  shall  be  the  duty  of  the  police 
department,  and  of  its  officers  and  men,  as  said 
department  shall  direct,  to  promptly  advise  the 
department  of  health  of  all  threatening  dangers 
to  human  life  or  health  and  of  all  matters 
thought  to  demand  its  attention,  and  to  regu- 
larly report  to  said  board  of  health  all  vio- 
lations of  its  rules,  and  of  sanitary  ordinances, 
and  of  the  health  laws,  and  all  useful  sanitary 
information.  And  said  last  named  departments 
shall,  as  far  as  practicable  and  appropriate, 
co-operate  for  the  promotion  of  the  pub- 
lic health,  and  the  safety  of  human  life,  in  the 
city.  And  it  shail  be  the  duty  of  the  police 
department  and  the  police  board,  by  and 
through  its  proper  officers,  agents  and  men,  to 
faithfully,  and  at  the  proper  time,  enforce  and 


120 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


execute  the  sanitary  rules  and  regulations 
and  the  orders  of  said  board  of  health,  made 
pursuant  to  the  power  of  said  board  of  health, 
upon  the  same  being  received  in  writing  and 
duly  authenticated,  as  said  board  of  health 
may  direct.  And  said  police  board  is  author- 
ized to  employ  appropriate  persons  and 
means,  and  to  make  the  necessary  and  appro- 
priate expenditures,  for  the  execution  and  en- 
forcement of  said  rules,  orders,  and  regular 
tions;  and  such  expenditures,  so  far  as  the 
same  may  not  be  refunded  or  compensated  by 
the  means  herein  elsewhere  provided,  shall  be 
paid  as  the  other  expenses,  of  said  board  of 
health  are  paid.  And  in  and  about  the  execu- 
tion of  any  order  of  the  board  of  health  or  of 
the  police  board,  made  pursuant  , thereto,  po- 
lice officers  and  policemen  shall  have  as  ample 
power  and  authority,  as  when  obeying  any 
order  of  or  law  applicable  to  the  police  board, 
or  as  if  acting  under  a special  warrant  of  a 
justice  or  judge,  duly  issued,  but  for  their 
conduct  shall  be  responsible  to  the  police 
board  and  not  to  the  board  of  health. 

Coroner’s  returns. 

Sec.  1,203.  The  department  of  health  may 
from  time  to  time  fix  and  define  the  time  of 
making,  and  the  form  of  returns  and  reports 
to  be  made  to  said  department  by  the  coro- 
ners of  the  city  of  New  York,  in  all  cases  of 
post  mortem  inquests,  or  viewing  of  dead 
bodies  held  by  them  or  any  of  them,  and  the 
said  coroners  are  hereby  required  to  conform 
to  the  directions  of  said  department  in  the 
premises,  and  it  shall  be  the  duty  of  every 
coroner  at  once,  and  before  holding  any  in- 
quest, upon  being  called  upon  to  hold  an  in- 
quest as  aforesaid,  or  notified  thereof,  to  im- 
mediately transmit  and  cause  to  be  delivered 
to  the  secretary  of  said  department  0‘f  health 
written  notice  of  the  fact  of  such  call,  in 
which  shall  be  stated  every  particular  then 
known  to  said  coroner  as  to  said  call,  the 
body,  the  place  where  it  is  and  the  reported 
cause  of  death.  If  at  any  time  said  depart- 
ment, or  the  sanitary  superintendent,  shall 
deem  the  protection  of  the  public  health  to 
demand,  it  may,  so  soon  as  the  coroner’s  jury 
or  physician  may  have  viewed  the  dead  body, 
and  an  autopsy  thereof  shall  have  been  made, 
provided  the  coroner  deems  the  same  neces- 
sary, order  the  immediate  burial  of  any  dead 
body,  or  if  he  or  it  deems  that  the  public 
health  demands  an  immediate  removal  of 
said  body  from  the  place  of  death  to  another 
place  for  inquest,  may  likewise  at  any  time 
order  said  removal  and  shall  have  power  to 
cause  said  orders  to  be  obeyed  and  executed. 

Removal  o-f  dead  bodies. 

Sec.  1,204.  It  shall  be  the  duty  of  the  depart- 
ment of  health  to  grant  a permit  lor  the  re- 
moval of  the  body  of  any  deceased  person 
from  the  city,  which  has  not  been  buried, 
upon  receiving  a certificate  of  the  death  of 
said  person,  made  in  accordance  with  its 
rules.  It  may  grant  a permit  for  the  removal 
Of  the  remains  of  any  person  interred  within 
the  city  to  a place  without  the  same,  on  the 
application  of  a relative  or  friend  of  such  per- 
son, when  there  shall  appear  to  be  no  just 
objection  to  the  same. 

Removal  of  nigbt  soil  and  oifal. 

Sec.  1,205.  The  board  of  beakh  sball  have  lull 
and  exclusive  power  and  authority  over  the  re- 
moval of  night  soil,  and  in  the  removal  of  dead 
animals,  offal,  night  soil,  blood,  bones,  tainted 
or  impure  meats  and  other  refuse  matter  from 
said  city.  It  is  hereby  charged  witb  the  duty 
of  causing  tbe  removal  of  the  same  daily,  or 
as  often  as  may  be  necessary,  and  of  keeping 
the  said  city  ci&an  from  all  matter  of  nuisance 
of  a similar  kind.  The  department,  bureau  or 
City  officer  of  authority  or  BUthorities  who 


shall  from  time  to  time  have  tbe  management 
and  control  of  the  public  docks,  piers  and  slips 
in  said  city,  may,  with  the  consent  of  tbe  com- 
missioners of  the  sinking  fund,  designate  and 
set  apart  for  the  use  of  the  depar>cment  of 
health  of  said  city,  suitable  and  sufficient  slips, 
docks,  piers  and  berths  in  slips,  located  as  the 
said  depantmen'c  of  health  may  require,  and 
sucb  as  should  be  convenient  and  necessary 
for  its  use  in  executing  the  duty  hereby  im- 
posed upon  said  department  of  health,  except- 
ing the  slips,  docks  and  piers  on  the  East  river 
set  apart  for  the  use  of  canal  boats. 

111.;  coiiti-aets  for. 

Sec.  1,206.  The  beard  of  health  is  authorized 
•to  make  contracts  witb  any  responsible  person 
or  persons  for  tbe  removal  of  said  offal,  dead 
animals,  night  soil  and  other  refuse  matter 
from  the  city  of  New  York,  and  to  require  and 
receive  security  in  such  form  and  amount  as 
the  said  beard  may  approve,  for  the  faithful 
performance  by  the  person  or  persons  afore- 
said, to  whom  such  contracts  may  by  tbe  said 
board  of  health,  be  in  its  discretion,  awarded, 
of  all  and  each  of  the  provisions  of  such  con- 
tracts on  his  or  t'neir  part.  The  place  or  places 
of  reception  and  deposit  of,  and  to  which  sucb 
offal,  dead  animals,  night  soil  and  other  re- 
fuse ma't'cer  m>ay  be  conveyed,  may,  from  time 
to  time  be  designated,  and  may  be  ordered 
changed  by  the  board  of  health. 

As  to  rags,  liides  and  skins. 

Sec.  1,207.  No  rags,  hides  or  skins  arriving  in 
the  port  of  New  York  shall  be  deposited  in 
any  part  of  the  city  within  which  the  de- 
partment of  health  shall  have  prohibited  the 
packing  or  unpacking  of  salted  provisions, 
and  all  such  articles  brought  intO'  the 
city  contrary  to  the  above  provisions 

may  be  seized  and  sold  by  the  board 
of  health.  The  department  of  health  may, 
however,  permit  sound  hides  and  skins  to  be 
brought  into  any  part  of  the  city,  in  small 
quantities,  and  for  the  purpose  of  immediate 
manufacture,  but  not  otherwise. 

Unsound  cotton. 

Sec.  1,208.  It  shall  be  the  duty  of  the  mas- 
ter and  owner  of  every  vessel  that  shall  have 
brought  cotton  into  the  city  between  the  first 
day  of  May  and  the  first  day  of  November  in 
any  year,  and  of  the  owner  and  consignee  of 
such  cotton,  if  upon  examination  it  shall  ap- 
pear damaged,  or  otherwise  unsound,  to  make 
an  immediate  report  thereof  to  the  board  of 
health.  Every  master,  or  owner,  or  con- 
eq;  rajojaed  05  §uno9T3eu  jo  Snisnjaj  eaaSis 
duties  so  enjoined,  shall,  for  each  offense, 
forfeit  to  the  board  of  health  the  sum  of  five 
hundred  dollars,  to  be  recovered  in  a civil 
action  by  said  board. 

Unsound  articles,  or  deposited  con- 

trai'y  to  orders.  ' 

Sec.  1,209.  All  salted,  smoked,  preserved  or 
pickled  provisions,  and  all  hides,  skins  and 
cotton  that  may  be  kept  or  deposited  in 
those  parts  of  the  city  wherein  yie  board  of 
health  shall  prohibit  the  keeping,  preparation, 
packing  or  repacking  thereof,  at  the  time  or 
times  when  such  prohibition  shall  be  made, 
shall  be  reported  forthwith  by  the  owner  or 
person  having  charge  thereof  to  the  health 
department,  that  the  same  may  be  examined, 
and,  if  necessary,  destroyed  or  removed.  If 
such  articles,  when  ordered  by  the  board  of 
health  to  be  removed  or  destroyed,  shall  not 
be  forthwith  removed  and  the  order  obeyed 
by  the  owner  or  person  having  charge  there- 
of, the  sanitary  superintendent  shall  cause 
them  to  be  removed  to  some  safe  place,  there 
to  remain  at  the  risk  of  the  owner,  or,  if  so 
ordered,  may  destroy  the  same. 

Puti’lcl  cargoes  may  be  destroyed. 

Sec.  1,210.  The  board  of  health,  when  it  | 


shall  judge  it  necessary,  may  cause  any  cargo, 
or  part  of  cargo,  or  any  matter,  or  anything 
within  the  city  that  may  be  putrid  or  other- 
wise dangerous  'to  the  public  health,  to  be  de- 
stroyed or  removed;  such  removal,  when  or- 
dered, shall  bo  to  the  place  of  deposit  of 
offal,  dead  animals,  and  refuse  matter,  or 
such  other  place  as  the  board  of  health  shall 
direct;  such  removal  or  destruction  shall  be 
made  at  the  expense  of  the  owner  or  owners 
of  the  property  so  removed  or  destroyed,  and 
the  same  may  be  recovered  from  such  owner 
or  owners,  in  an  action  at  law  by  said  board 
of  health. 

Penalties  foi"  di.sobedience. 

Sec.  1,211.  Every  person  who  shall  refuse 
or  neglect  to  obey  the  directions  of  the  pre- 
ceding sections,  or  of  the  board  of  health 
pursuant  thereto,  in  relation  to  provisions, 
putrid  and  other  offensive  articles  therein 
mentioned,  shall  be  considered  guilty  of  a 
misdemeanor  and,  on  conviction,  shall  be 
subject  to  fine  and  imprisonment,  or  both,  at 
the  discretion  of  the  court.  Such  fine  shall 
not  exceed  one  thousand  dollars,  and  such 
imprisonment  shall  not  exceed  two  years. 
Offensive  trades. 

Sec.  1,212.  It  shall  not  be  lawful  for  any 
person  or  persons,  incorporated  or  unincor- 
porated, to  carry  on,  establish,  prosecute,  or 
continue,  within  the  borough  of  Manhattan,  the 
occupation,  or  trade,  or  business  of  bone  boil- 
ing, bone  burning,  bone  grinding,  horse  skin- 
ning, cow  skinning,  or  skinning  of  dead  ani- 
mals, or  the  boiling  of  offal,  and  any  such  es- 
tablishment or  establishments,  or  place  of  such 
business  existing  within  said  borough,  shall  ha 
forthwith  removed  out  of  said  borough,  and 
such  trade,  occupation,  or  busineisis  shall  be 
forthwith  abated  and  discontinued,  providing 
that  nothing  in  this  section  contained  shall 
apply  to  the  slaughtering  or  dressing  of  ani- 
mals for  sale  in  said  city.  It  shall  be  the  duty 
of  the  board  of  health  to  ascertain  whether 
any  such  trade  or  business  is  carried  on,  or 
continued,  or  established,  within  the  limits 
aforesaid,  and  to  make  and  cause  an  o.rder  to 
be  served,  in  the  same  manner  as  other  orders 
of  said  department  are  made  and  served,  di- 
recting the  discontinuance  of  said  trade  or 
business,  and  the  removal  of  all  offensive  or 
unwholesome  materials  or  things  appertain- 
ing to  said  trade  or  business.  Any  such 
business  carried  on  elsewhere  within  the  city 
of  New  York  shall  be  subject  to  reasonable 
regulations  to  be  prescribed  by  the  board  of 
health,  and  may,  upon  its  recommendation, 
be  prohibited  in  any  borough  or  part  of  any 
borough  by  the  municipal  assembly. 

Filling  in  lands, 

Sec.  1,213.  It  shall  not  be  lawful  for  any 
person  or  persons,  incorporated  or  unincorpor- 
ated, to  fill  in  any  land  under  or  above  water, 
within  the  limits  of  the  city  of  New  York, 
or  on  any  of  the  islands  situated  within  said 
limits  and  under  the  jurisdiction  of  said  city, 
or  any  portion  thereof,  with  garbage,  dead 
animals,  decaying  matter,  or  any  offensive  and 
unwholesome  material,  or  with  dirt,  ashes 
or  other  refuse,  when  mixed  with  such  gar- 
bage, dead  animals  or  portions  thereof,  de- 
caying matter  or  offensive  and  unwholesome 
material.  Any  person  or  persons  violating  the 
provisions  of  this  section  shall  be  deem'ed 
guilty  of  a misdemeanor,  and,  on  convic- 
tion thereof,  shall  be  punished  by  a fine  not 
exceeding  one  hundred  dollars,  or  imprison- 
ment not  exceeding  six  months,  or  both. 
The  board  of  health  is  hereby  empowered  to 
institute  prosecutions  and  suits  for  penalties 
for  the  violation  of  the  provisions  of  this 
section  and  this  chapter. 

Yards  and  cellars. 

Sec.  1,214,  The  board  of  health  shall 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


121 


have  full  power  and  authority  to  make  such 
bylaws  and  ordinances  as  said  board  shall, 
from  time  to  time,  deem  necessary  and  prcp;r, 
for  the  filling,  draining  and  regulating  of  any 
grounds,  yards  or  cellars,  within  the  city, 
that  may  be  sunken,  damp  or  unwholesome, 
or  which  it  may  deem  proper  to  fill,  drain, 
raise,  lower  or  regulate,  and  also,  for  caus- 
ing all  such  lots  of  ground  in  the  city  adjoin- 
ing the  Hudson  river  or  the  East  river,  or 
Long  Island  sound,  as  it  may,  from  time  to 
time,  think  proper,  to  be  filled  with  whole- 
some earth  or  other  solid  materials,  so  far  | 
Into  the  said  rivers  respectively  as  said 
board  shall,  from  time  to  time,  deem  expedi- 
ent for  promoting  the  health  of  the  said 
city,  and  for  filling  or  altering  or  amending 
all  sinks  and  privies  within  the  said  city,  and 
for  directing  the  mode  of  constructing  them 
in  future,  and  for  causing  subterraneous 
drains  to  be  made  from  the  same,  when 
said  board  may  think  it  necessary. 

Drainage  and  maps. 

Sec.  1,215.  Whenever  in  the  opinion  of  the 
board  of  health  the  protection  of  the  publfo 
health  requires  the  drainage  of  any  lands  in 
the  city,  by  means  other  than  sewers,  the  said  j 
board  may  make  an  order  describing  the  loca- 
tion of  such  lands,  and  directing  the  proper 
drainage  thereof,  and  construction  of  drains 
therefor,  by  the  commissioner  or  commis- 
sioners of  the  department  of  said  city  having 
jurisdiction  to  construct  sewers  in  that  part 
of  city  where  such  drainage  is  so  required. 
The  board  of  health  shall  thereupon  cause  a 
map  to  be  made,  whereon  shall  be  sho-wn  the 
location  o^f  such  proposed  drains,  and  the 
lands  required  for  the  construction  thereof. 
Such  order  shall  he  entered  at  length  in  the 
records  of  such  department  of  health,  and  I 
such  map  shall  be  filed  in  said  department; 
a copy  thereof  shall  be  filed  in  the  office  of 
the  register  or  county  clerk  of  the  county  in 
which  the  lands  are  situated.  The  board  of 
health  shall  cause  another  copy  of 

said  map,  together  with  a copy  of 

such  order,  to  be  delivered  to  the  commission- 
er or  commissioners  of  the  department  of 
said  city,  who  shall,  by  such  order  be  re- 
quired to  construct  such  drains,  and  the  said 
commissioner  or  commissioners  of  said  de- 
partment with  whom  a copy  o<f  the  said  map 
and  order  shall  be  so  filed,  shall  immediately 
thereafter  have  the  powej,  and  said  depart- 
ment is  hereiby  directed  to  make  and  adopt 
proper  and  suitable  plans  for  the  construction 
of  such  drains. 

Acquisition  of  rights  in  land.^. 

Sec.  1,316.  It  shall  be  the  duty  of  such  de- 
partment, upon  the  receipt  of  such  map  and 
order,  and  Immediately  after  it  has  made  and 
adopted  suitable  plans  for  such  drains, 
through  the  corporation  counsel  of  said  city, 
to  take  immediate  and  proper  proceedings 
for  the  acquirement  of  a right  of  way  over, 
under,  or  through  the  lands  shown  upon  said 
map  to  be  necessary  for  such  drains,  and  it 
shall  be  the  duty  of  such  corporation  counsel 
immediately  to  take  such  proceedings  and 
conduct  them  to  a speedy  determination. 

Id.;  proceedings  therein. 

Sec.  1,217.  The  right  of  way  over,  under  or 
through  the  lands  so  required  for  such  drains 
shall  be  taken  and  acquired  in  the  manner  re- 
quired by  law  for  acquiring  title  to  lands  in 
said  city  to  be  used  as  public  streets.  Pro- 
vided, however,  that  the  time  or  times  pro- 
vided in  such  law  for  the  giving  or  publica- 
tion of  any  notice  shall  for  the  purposes  of 
this  section,  be  reduced  one-half,  and  the 
time  for  the  sitting  (/f  the  commissioners  of 
estimate  and  assessment  to  hear  objections 
to  their  report  is,  for  the  purposes  of  this 


section,  hereby  made  two  days  in  the  place  of 
ten  days.  Any  maps,  plans  or  surveys,  that 
may  be  required  for  the  use  of  the  commis- 
sioners of  estimate  and  assessment  to  be  ap- 
pointed in  'inch  proceeding,  shall  be  furnished 
by  the  department  charged  with  the  con- 
struction of  the  drains  and  shall  be  prepared 
and  made  oy  surveyors  in  the  regular  and 
stated  employment  of  such  department;  nei- 
ther the  expense  of  such  surveys,  nor  any 
other  expenses  other  than  the  fees  of  the 
commissioners  of  estimate  and  assessment, 
attending  the  proceeding,  and  their  neces- 
sary disbursements  'or  clerical  services  in 
carrying  out  the  provisions  of  this  section, 
which  clerical  expenses  shall  not  exceed  the 
sum  of  two  hundred  and  fifty  dollars,  and 
also  for  advertising,  printing,  or  posting  and 
notices  required  bylaw  and  forany otherneces- 
sary  incidental  expense  a sum,  not  exceeding 
one  hundred  dollars,  shall  be  included  in  the 
assessment  that  may  be  made  by  such  com- 
missioners of  estimate  and  assessment.  The 
corporation  counsel  shall  not  bb  entitled  to 
any  compensation  for  services  to  be  rendered 
by  him  in  such  proceeding  other  than  his 
stated  salary.  Tne  commissioners  shall  each 
be  entitled  to  receive  the  following  rates  as 
compensation  for  their  services  in  full: 
Where  the  drain  to  be  constructed  is  five  hun- 
dred feet  or  under  in  length,  the  sum  of 
twenty-five  dollars;  where  the  drain  exceeds 
five  hundred  feet  in  length,  twenty-five  dol- 
lars, and  in  addition  thereto  five  cents  per 
foot  for  each  running  foot  of  drain  in  excess 
of  five  hundred  feet,  but  the  compensation  of 
each  commissionei'  shall  in  no  case  exceed 
two  hundred  and  fifty  dollars. 

Id.;  confirmation  of  report  of  commis- 
sioners, construction  and  taxation. 

Sec.  1,218.  Upon  the  confirmation  of  the  re- 
port of  the  commissioners  of  estimate  and 
assessment  by  the  court,  the  commissioner  of 
the  department  in  said  city  having  the  charge 
of  the  construction  of  such  drains,  as  herein 
proposed,  shall  have  the  power,  and  he  is 
hereby  directed  to  immediately  make  and  con- 
struct said  drains.  The  necessary  cost  of  such 
drains,  together  with  necessary  expenses  of 
levying  the  ^assessment  therefor,  shall  be 
levied,  assessed  and  collected  as  provided  by 
section  179  of  this  act.  . 

Measures  to  prevent  tlie  spread  of 
disease. 

Sec.  1,219.  It  shall  be  the  duty  of  the  board 
of  health: 

1.  To  cause  any  avenue,  street,  alley,  or 
other  passage  whatever  to  be  fenced  up  or 
otherwise  inclosed,  if  it  shall  deem  the 
public  safety  requires  it,  and  to  adopt  suit- 
able measures  for  preventing  all  persons 
from  going  to  any  part  of  the  city  so  in- 
closed. 

2.  To  forbid  all  communication  with  the 
house  or  family  infected  with  any  con- 
tagious, infectious,  or  pestilential  disease 
except  by  means  of  physicians,  nurses,  or 
messengers  to  carry  the  necessary  advice, 
medicines  and  provisions  to  the  afflicted. 

3.  To  adopt  such  means  for  preventing  all 
communication  between  any  part  of  the 
city  infected  witn  a disease  of  a pestilential, 
infectious,  or  contagious  character  and  all 
other  parts  of  the  city,  as  shall  be  prompt 
and  effectual. 

Id.;  proclamation. 

Sec.  1,220.  The  board  of  health  may  issue 
a proclamation  declaring  any  place  where 
there  shall  be  reason  to  believe  a pestilentia.1, 
contagious  or  infectious  disease  actually  ex- 
ists, to  be  an  infected  place  within  the  mean- 
ing of  the  health  laws  of  this  state.  Such 
proclamation  shall  fix  the  period  when  it  shall 
cease  to  have  effect;  but  such  period,  if  the 


said  board  shall  judge  the  public  health  to  re- 
quire it,  may  from  time  to  time  be  extended 
by  the  board  of  health,  and  notice  of  such  ex- 
tension shall  be  published  in  one  or  more 
of  the  newspapers  of  this  city.  The  board  of 
health  may  in  its  discretion  prohibit  or  regu- 
late the  internal  intercourse  by  land  or  water 
between  the  city  of  New  York  and  such  in- 
fected place;  and  may  direct  that  all  persons 
who  shall  come  into  the  city,  contrary  to  Us 
prohibition  or  regulations,  shall  be  appre- 
hended and  conveyed  to  the  vessel  or  place 
whence  they  last  came;  or,  if  sick,  that  they 
be  conveyed  to  such  place  as  the  said  board 
shall  direct.  After  such  proclamation  shall 
have  been  issued,  all  vessels  arriving  in  the 
port  of  New  York  from  such  infected  place 
shall  be  subject  to  a quarantine  of  at  least 
thirty  days  or  until  the  period  when  such 
proclamation  shall  cease  to  have  effect  as  pro- 
vided by  the  last  preceding  section,  and  shall, 
together  with  their  officers,  crews,  passen- 
gers, and  cargoes,  he  subject  to  all  the  pro- 
visions, regulations,  and  penalties  in  relation 
to  vessels  subject  to  quarantine. 

Vessel.s  removed. 

Sec.  1,221.  The  board  of  health  shall  also 
possess  and  may  exercise  the  following  pow- 
ers: 

1.  By  order  to  direct  any  vessel  lying  at  a 
place  .wUhin  three  hundred  yards  of  any 
wharf,  landing  place  or  shore  of  said  city, 
and  from  which  said  board  shall  deem  ic 
probable  that  any  infectious  or  contagious 
disease  may  be  brought  into  said  city,  or  com- 
municated to  the  inhabitants  thereof,  to  be 
removed  to  the  distance  of  at  least  three 
hundred  yards  from  any  wharf,  landing  place 
or  shore  of  said  city,  within  six  hours  after 
a copy  of  such  order,  certified  by  the  secre- 
tary of  said  department,  shall  be  delivered  to 
the  person  or  persons  having  command  of 
such  vessel,  or  to  the  master,  owner  or  con- 
signee thereof;  and  every  such  person  or  per- 
sons, master,  O'Wner  or  consignee  tO'  whom 
such,  copy  of  such  order  shall  be  delivered 
shall  forthwith  comply  with  the  same. 

2.  By  order  to  direct  to  be  removed  to  a 
place  to  be  designated  by  the  board  of  health 
all  things  within  the  city  which,  in  its  opin- 
ion, shall  be  infected  in  any  manner  likely  u> 
communicate  disease  to  the  inhabitants. 

Violation  of  orders:  pnnislimemt  for. 

Sec.  1,222.  Every  person  who  shall  violate, 
or  neglect,  or  refuse  to  comply  with  any  pro- 
vision contained  in  any  of  the  preceding  sec- 
tions, or  in  the  orders  made  by  the  board 
of  health  in  pursuance  thereof,  shall  be 
deemed  guilty  of  a misdemeanor,  and  on  con- 
viction thereof  shall  be  punished  by  a fine 
not  exceeding  two  hundred  and  fifty  dollars, 
or  imprisonment  not  exceeding  six  months, 
or  hotn;  and  all  such  fines  when  collected 
shall  h©  g_aid  to  the  controller.  Any  viola- 
tion o:  .he  . sanitary  code  shall  be  treated  and 
punished  as  a misdemeanor,  and  the  offender 
shal'.  also  he  liable  to  pay  a penalty  of  fifty 
dollars,  to  he  recovered  in  a civil  action  in 
the  name  of  the  department  of  health  of  the 
city  of  New  York. 

Separate  receptacles  foi*  ashes  aadl 

garbagte. 

Sec.  1,223.  The  board  of  health  shall  cause 
to  be  enforced  the  provisions  of  the  sanitary 
code  requiring  that  separate  receptacles  he 
provided  for  ashes  and  rubbish,  and  for 
garbage  and  liquid  substances,  and  forbid- 
ding that  they  be  placed  or  kept  in  the  same 
receptacle,  and  requiring  the  streets  and  side- 
walks to  be  kept  free  from  incumbrance  by 
such  receptacles,  except  at  such  times  as  may 
be  designated  by  the  commissioner  of  street 
cleaning  for  the  collection  of  their  contents; 
and  for  the  violation  of  any  of  the  said  pr«- 


122 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


visions  of  said  code  both  the  owners  and  oc- 
cupants of  aii  houses  in  che  city  shali  be  sev- 
erally responsible  and  subject  to  the  pen- 
alties and  prosecutions  imposed  by  said  code, 
and  ail  other  provisions  of  said  code  and  of 
fhe  cKy  ordinances  relative  to  the  cleanliness 
of  the  streets;  and  the  board  of  health  is  j 
empowered  to  institute  prosecutions  and  suits 
for  penalties  for  the  violation  of  any  such 
provisions. 

Service  of  orders. 

Sec.  1,224.  Service  of  any  order  of  said 
board  of  health  shall  be  deemed  sufficient,  if 
made  upon  a principal  person  Interested  in  or 
upon  a principal  officer  charged  with  duty  in 
respect  of  the  business,  property,  matter,  or 
thing,  or  the  nuisance  or  abuse  to  which  said 
order  relates;  or  upon  a person,  officer  or  de- 
partment, or  one  of  the  department  who'  may 
be  most  interested  in  or  affected  by  its  exe- 
cution. If  said  order  relate  to  any  building, 
or  the  drainage,  sewerage,  cleaning,  purifica- 
tion, or  ventilation  thereof,  or  of  any  lot  or 
ground  on  or  in  which  such  building  stands, 
used  for,  or  intended  to  be  rented  as,  the  resi- 
dence or  lodging  place  of  several  persons,  or 
as  a tenement  house  or  lodging  house,  service 
of  such  order  on  the  agent  of  any  person  or 
persons  for  the  renting  of  such  building,  lot 
or  ground,  or  for  the  collecting  of  the  rent 
thereof,  or  of  the  parts  thereof  to  which  said 
order  may  relate,  shall  be  of  the  same  effect 
and  validity  as  due  service  made  upon  ihe 
principal  of  such  agent,  and  upon  the  owners, 
lessees,  tenants,  occupants  of  such  buildings, 
or,  parts  thereof,  or  of  the  subject  matter  to 
which  such  order  relates. 

Vaccination. 

Sec.  1,225.  For  the  purpose  of  more'  effect- 
ually preventing  the  spread  of  smallpox  by 
the  thorough  and  systematic  vaccination  of 
all  unvaccinated  persons,  and  for  the  relief 
of  persons  suffering  with  diphtheria  and  other 
infectious  diseases,  residing  in  said  city,  the 
board  of  health  is  hereby  empowered  to  con- 
tinue or  organize  a corps  of  vaccinators  and 
of  physicians,  within  and  subject  to  the  con- 
trol of  the  bureau  of  sanitary  inspection,  to 
appoint  the  necessary  officers,  keep  suitable 
records,  collect  and  preserve  pure  vaccine 
lymph  or  virus,  and  produce  diphtheria  anti- 
toxine  and  other  antitoxines,  and  add  to  the 
sanitary  code  such  additional  provisions  as 
will  most  effectually  secure  the  end  in  view. 
Said  board  of  health  may  take  measures  and 
supply  agents  and  offer  inducements  and 
facilities  for  general  and  gratuitous  vaccina- 
tion, disinfection  and  for  the  use  of  diphtheria 
antitoxine  and  other  antitoxines  and  may 
afford  relief  to  and  among  the  poor  of  said 
city  as  in  its  opinion  the  protection  of  the 
public  health  may  require. 

Sale  of  lympli  and  antitoxine. 

See.  1,226.  Whenever  the  amount  of  vac- 
cine lymph,  or  virus,  collected  by  the  said 
corps,  or  of  diphtheria  antitoxine,  and  other 
antitoxines  produced,  shall  exceed  the 
amount  required  in  the  proper  performance 
of  its  duties,  the  said  board  of  health  may 
authorize  the  sale  of  such  surplus  lymph  or 
virus,  and  diphtheria  antitoxine,  and  other 
antitoxines  at  reasonable  rates,  to  be  fixed  by 
the  board  of  health.  The  avails  of  such  lymph 
or  virus,  and  diphtheria  antitoxine,  and  other 
antitoxines,  shall  be  accounted  for  and  paid 
to  the  chamberlain,  and  shall  be  set  apart  and 
constitute  distinct  funds,  to  be  known  re- 
spectively as  “the  fund  for  gratuitous  vaccina- 
tion,” and  "the  antitoxine  fund,”  and  they 
shall  be  subject  to  the  requisition  of  th.e  board 


of  health  for  the  purposes  named  in  the  pre- 
ceding section. 

Driving-  ami  slaiig'litering  cattle, 
slieep,  swine,  pigs  or  calves  reg- 
ulated. 

Sec.  1,227.  It  shall  not  be  lawful  to  drive 
any  cattle,  sheep,  swine,  pigs  or  calves 
through  the  streets  or  avenues  of  the  city  of 
New  York,  or  any  of  them,  except  at  such 
times  and  in  such  manner  as  provided  in  the 
sanitary  code,  or  as  the  board  of  health  may, 
by  ordinance,  prescribe,  nor  shall  it  be  lawful 
to  slaughter  any  cattle,  sheep,  swine,  pigs 
or  calves  in  the  city  of  New  York,  excepting  in 
buildings  located  upon  or  near  the  water  front, 
and  so  constructed  as  to  receive  all  stock  de- 
livered thereat  from  boats,  cars  or  trans- 
iiorts  and  to  secure  the  proper  care  and  dis- 
position of  all  parts'  of  the  slaughtered  animals 
upon  the  premises  or  the  immediate  removal 
thereof  by  means  of  boats  and  under  the  pro- 
visions of  the  sanitary  code  and  the  authority 
and  regulations  of  the  department  of  j 
health.  The  board  of  health  may  revoke 
or  suspend  the  permit  of  any  one  who  shall  i 
conduct  said  business  of  slaughtering  cattle,  | 
sheep,  swine,  pigs  or  calves  in  violation  of  | 
law  and  the  rules  and  regulations  of  the  de-  j 
partment  of  health.  No  fat,  hides,  hoofs,  or  ^ 
entrails,  or  other  refuse  parts  of  slaughtered 
animals  shall  be  transported  in  said  streets  i 
except  under  and  pursuant  to  the  terms  of  a 1 
permit  in  writing  from  the  board  of  health;  | 
i nor  shall  any  buildings  be  erected  or  converted 
' into  or  used  as  a slaughter  house  until  the 
! plans  thereof  have  been  duly  submitted  to  the  ' 
board  of  health,  and  approved  in  writing  by  j 
the  said  beard.  ! 

Extension  of  ijroclamation  period.  j 

Sec.  1,228.  Whenever  it  shall  appear  to  the  ' 
i board  of  health  that  any  of  the  provisions  of 
this  title,  limited  in  their  operations  to  a cer-  j 
tain  period  of  the  year,  or  designated  periods  ! 
of  time,  ought  to  be  extended,  the  said' board 
of  health  shall  issue  itsproclamation  extending 
such  provisions  to  such  a time  as  shall  be  de- 
termined on,  and  such  provisions  shall  there-  j 
upon  be  extended  accordingly  and  with  the  ' 
like  effect  as  if  the  periods  mentioned  in  such  i 
proclamation,  had  been  originally  therein  en- 
acted. If  it  shall  appear  to  the  board  o' 
health  while  such  proclamation  is  still  in 
force,  that  the  necessity  of  extending  the  per- 
iod therein  named  has  ceased,  the  board  of 
health,  by  a new  proclamation  declaring  that 
fact,  may  revoke  the  proclamation  issued  pur- 
suant to  this  section,  which  shall  then  cease 
to  have  effect. 

Definitions. 

Sec.  1,229.  The  word  “nuisance,”  as  used  in 
this  act,  shall  be  held  to  embrace  public  nui- 
sance, as  known  at  common  law,  or  in  equity 
jurisprudence;  and  it  is  further  enacted  that 
whatever  is  dangerous  to  human  life  or  detri- 
mental to  health;  whatever  building  or  erec- 
tion, or  part  or  cellar  thereof,  is  overcrowded 
with  occupants,  or  is  not  provided  with  ade- 
quate ingress  and  egress  to  and  from  the 
same,  or  the  apartments  thereof,  or  is  not 
sufficiently  supported,  ventilated,  sewered, 
drained,  cleaned  or  lighted,  in  reference  to 
their  or  its  intended  or  actual  use;  and  what- 
ever render.s  the  air  or  human  food  or  drink, 
unwholesome,  are  also,  severally  in  contem- 
plation of  this  act,  nuisances;  and  all  such 
nuisances  arehereby  declared  illegal; and  each 
' and  all  persons  and  corporations  who  created 
or  contributed  thereto,  or  who  may  support, 
continue  or  maintain  or  retain  them,  or  any 
oif  them,  shall  be  jointly  and  severally  liable 
for,  or  toward,  the  expense  of  the  abatement 
and  remedying  of  the  same;  but  as  between 
themselves,  any  such  persons  and  corporations 
may  enforce  contribution  or  collect  expenses, 
according  to  any  legal  or  equitable  relations 


existing  between  them;  but  nothing  herein 
contained  shall  annul  or  defeat  any  common 
law  liability  or  resjKinsibility  in  respect  of 
nuisances.  Whenever  the  words  “place,  matter 
or  thing,”  or  either  two  of, said  words,  are  used 
in  this  act  or  in  titles  one,  four  and  five  of 
this  chapter,  they  shall,  unless  the  sense 
plainly  requires  a different  construction,  be 
construed  to  include  whatever  is  embraced 
in  the  enumeration  with  which  they  are  con- 
nected. 

TITLE  2. 

MARRIAGES,  HIRTHS  AND  DEATHS. 

Persons  solemnizing^  marriages  to 
keep  a registi-y. 

Sec.  1,236.  It  shall  be  the  duty  of  the  cler- 
gymen, magistrates,  and  other  persons  who 
perform  the  marriage  cermony  in  the  city  of 
New  York,  to  keep  a registry  of  the  mar- 
riages celebrated  by  them,  which  shall  con- 
tain, as  near  as  the  same  can  be  ascertained, 
the  name  and  surname  of  the  parties  mar- 
ried; the  residence,  age,  and  condition  of 
each;  whether  single  or  widowed. 

Rirtlis  to  l»e  reported. 

Sec.  1,237.  It  shall  be  the  duty,  of  the  par- 
ents of  any  child  born  in  said  city  (and  if 
there  be  no  parent  alive  that  has  made  such 
report,  then  the  next  of  kin  of  such  child 
born),  and  of  every  person  present  at  such 
birth,  within  ten  days  after  such  birth,  to 
report  to  the  department  of  health  in  writing, 
so  far  as  known,  the  date,  borough,  and  street 
number  of  said  birth,  ana  the  sex  and  color 
of  such  child  born,  and  the  names  of  the  par- 
ents. It  shall  also  be  the  duty  of  physicians 
and  professional  midwives  to  keep  a registry 
of  the  several  births  in  which  they  have  as- 
sisted professionally,  which  shall  contain, 
as  near  as  the  same  can  be  ascertained,  the 
time  of  such  birth,  name,  sex  and  color  of  the 
child,  the  names  and  residence  of  parents, 
and  to  report  the  same  within  ten  days  to  cna 
department  of  healtn. 

Deaths  to  he  reported. 

Sec.  1,238.  It  shall  be  the  duty  of  the  next 
of  kin  of  any  person  deceased,  and  of  each 
person  being  with  such  deceased  person  at 
his  or  her  death,  and  of  the  persons  occupying 
or  living  in  any  house  or  premises  in  or  on 
which  any  person  may  die,  to  report  in  writ- 
ing, to  the  department  of  health,  within  five 
days  after  such  death,  the  age,  color,  nativity, 
last  occupation  and  cause  of  death  of  such 
deceased  person,  and  the  borough  and  street, 
the  place  of  such  person’s  death,  and  last 
residence.  Physicians  who  have  attended  de- 
, ceased  persons  in  their  last  illness  shall,  in 
the  certificate  of  the  decease  of  such  persons, 
specify,  as  near  as  the  same  can  be  ascer- 
tained, the  name  and  surname,  age,  occupa- 
tion, term  of  residence  in  said  city,  place  of 
nativity,  condition  of  life;  whether  single, 
married,  widow,  or  widower;  color,  last  place 
of  residence,  and  direct  and  indirect  cause 
of  death  of  such  deceased  persons,  and  the 
coroners  of  the  city,  in  such  cases  as  an  in- 
quest may  have  been  held,  shall,  in  their  cer- 
tificates, conform  to  the  requirements  of  this 
section. 

Penalty  for  failnre  to  report  inar- 
ria;?es  ami  fiirtlis  to  tke  department 
of  liealtli. 

Sec.  1,239.  For  every  omission  of  any  per- 
son to  make  and  keep  the  registry  of  marri- 
ages and  births  required  by  the  preceding 
sections,  and  for  every  omission  to  report 
a written  copy  of  the  same  to  said  department 
of  health,  within  ten  days  after  any  birth  or 
marriage  provided  to  be  registered,  and  for 
every  omission  to  make  the  report  of  any 
death,  birth  or  marriage,  the  person  guilty 
of  such  omission  shall  be  guilty  of  a misde- 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK, 


12.1 


meaner;  and,  in  addition  thereto,  the  offender 
shall  also  be  liable  to  pay  a fine  of  one  hun- 
dred dollars,  to  be  recovered  in  the  name  of 
the  department  of  health  of  the  city  of  New 
York,  before  any  justice  or  tribunal  in  said 
city  having  jurisdiction  of  civil  actions.  But 
no  person  shall  be  liable  for  such  fine,  or  sub- 
ject to  arrest  and  imprisonment  for  not  mak- 
ing the  report  herein  required,  if  an  excuse 
is  presented  to  the  board  of  health  for  such 
omission,  which  the  said  board  shall  decide 
to  be  sufficient,  in  which  event  the  said  board 
of  health  is  hereby  empowered  to  excuse  the 
said  omission. 

Record  o£  l)irtlis,  marriages  and 

deaths. 

Sec.  1,240.  The  department  of  health  shall 
keep  a record  of  the  births,  marriages  and 
deaths  reported  to  it;  the  births  shall  be 
numbered  and  recorded  in  the  order  in  which 
they  are  re--.eived  by  it;  and  the  record  of  births 
shall  state,  in  separate  columns,  the  place 
and  date  of  birth,  the  name,  sex  and  color  of 
the  child,  the  names  and  residence  of  the 
parents,  as  fully  as  they  have  been  received, 
and  th}  time  when  the  record  was  made.  The 
marriag 's  shall  be  numbered  and  recorded  in 
the  order  in  which  they  are  received  by  the 
department,  and  the  record  thereof  shall 
state,  in  separate  columns,  the  date  of  mar- 
riage, name,  residence  and  official  station,  if 
any,  of  the  persons,  by  whom  married,  the 
names  and  surnames  of  the  parties,  age,  the 
color  and  conditions  of  each;  whether  single 
or  widowed,  and  the  time  when  the  record 
was  made.  The  deaths  shall  be  likewise 
numbered  and  recorded,  and  the  record  there- 
of shall  state,  in  separate  columns,  as  far 
as  the  same  is  reported,  the  date  of  decease, 
name  and  surname,  condition,  whether  sin- 
gle, married  or  widowed,  age,  place  of  birth, 
place  of  death,  occupation,  names  of  the  par- 
ents, when  an  infant  without  name;  disease, 
direct  cr  indirect  cause  of  death,  color,  and 
last  place  of  residence  of  such  deceased  per- 
son, and  the  time  when  the  record  was  made. 
Said  department  shall  perform  all  the  duties 
of  this  section  imposed,  as  a part  of  its  reg- 
ular duties,  and  no  fees  shall  be  demanded 
or  received  by  reason  thereof. 

Registration  of  ijirtlis  not  previonsly 

recorded. 

Sec.  1,241.  The  births  of  the  children  of 
actual  residents  of  the  city  of  New  York 
which  may  have  occurred  during  the  tem- 
porary absence  of  the  parents  of  such  chil- 
dren from  the  city  of  New  York,  and  the 
births  of  children  which  failed  to  be  re- 
corded through  the  neglect  of  the  physician 
or  other  medical  attendant  present  at  such 
birth,  may  be  recorded  in  the  bureau  of 
records  of  the  health  department  of  said  city, 
in  a special  book,  to  be  kept  for  such  purpose, 
upon  the  application  in  such  behalf  by  the 
parents  or  guardians  of  such  children.  Such 
application  shall  be  made  to  the  board  of 
health,  and  shall  be  accompanied  by  a certifi- 
cate of  the  physician  or  midwife  attending 
professionally  at  such  birth  and  personally 
cognizant  thereof,  together  with  the  affidavit 
of  at  least  two  citizens,  certifying  to  their 
knowledge  of  the  facts,  and  that  the  phy- 
sician or  midwife  making  such  certificate 
of  birth  is  a reputable  person  in  good  stand- 
ing in  the  community  in  which  he  or  she  may 
reside.  No  change  or  alteration  shall,  at  any 
time,  be  made  in  any  of  the  records  of  the 
said  bureau  of  records  in  said  city  without 
proof  satisfactory  to  and  upon  the  approval 
of  the  said  board  of  health.  Transcripts  of 
any  record  in  said  bureau  of  records  may  be 
given,  in  the  discretion  of  the  department  of 
health,  to  a parent  or  the  next  of  kin  of  any 
person  authorized  to  apply  for  the  same,  but 
mo  transcripts  of  false  or  fraudulent  returns 


made  to  the  said  bureau,  nor  of  the  entries 
thereof  shall  be  given,  and  they  shall  be  can- 
celed upon  due  proof  of  the  facts  to  the  de- 
partment of  health.  Transcripts  of  these 
records  when  required  shall  be  on  such  forms 
as  the  board  of  health  may  prescribe,  and  for 
them  the  usual  fees  for  copies  of  records  may 
be  received. 

TITLE  3. 

DUTIES  OP  PHYSICIANS  AND  OTHERS. 

Report  of  pestilential,  infections  and 

contagions  diseases;  deaths. 

Sec.  1,247.  It  shall  be  the  duty  of  each  and 
every  practicing  physician  in  the  city  of  New 
York: 

1.  Whenever  required  by  the  department  of 
he.a;t(i  to  report  to  said  department,  at  such 
times,  in  such  forms  as  said  deparemen'e  may 
proscribe,  the  number  of  persons  attacked  wkti 
any  pestilential,  contagious,  infectious  disease 
attended  by  such  physician  for  the  twenty-four 
hours  next  preceding,  stating  ithe  name  of 
such  patient  and  the  Ufanie  and  place  wfiere  he 
shall  t'hen  be;  and  the  number  of  persons  at- 
tended by  such  physician,  who  shall  have  died 
in  said  city,  during  the  tw'enty-four  bours  next 
preceding  such  report,  of  any  such  pestiientital, 
con'tagious  or  infectious  disease. 

2.  To  report,  in  writing,  to  the  said  depart- 
ment every  p.atient  tie  shall  have  laboring 
under  any  pestilential,  contagious  or  infec- 
tious disease,  and  within  twenty-four  hours 
after  he  shall  ascertain  or  suspect  the  nature 
of  the  disease. 

3.  To  report  to  the  said  department  when  re*- 
quired  by  it  the  death  of  any  of  his  patients 
who  shall  have  died  of  disease  within  twenty- 
four  hours  thereafter  and  to  state  in  such  re- 
port the  specific  name  and  type  of  such  dis- 
ease. 

Afflrtavit  may  be  retiiiired. 

Sec.  1,248.  The  department  ofliealth  may  re- 
quire of  any  physician,  not  less  than  three 
bours  after  service  of  a demand  thereof  upon 
him,  an  affidavit,  stating  the.rein  whether  he 
bas  or  has  not  any  patient,  who,  in  his  opin- 
ion, shall  then  be  sick  of  a pestilential,  con- 
tagious or  infectiou.s  disease,  and  if  be  has  any 
such  patient,  to  S'tate  in  such  affidavit  his  or 
her  name,  and  the  house  or  place  in  said  city 
where  be  or  she  shall  then  be,  and  tbe  nature 
or  name  of  such  disease,  to  the  best  of  his 
knowledge  and  belief. 

Penalty  for  failing  to  report. 

Sec.  1,249.  Every  practising  physician  who 
shail  refuse  cr  neglect  “to  perform  tbe  duties 
enjoined  on  him  by  the  foregoing  section  shall 
be  considered  guilty  of  a misdemeanor,  and 
sball  also  forfeit  for  each  offense  the  sum  of 
two  hundred  and  fifty  dollars,  to  be  sued  for 
and  recovered  by  the  department  of  health.  It 
ibail  be  the  duty  of  each  visiting,  hospitJal  and 
consuking  physician  to  make  an  immediate 
report  to  the  department  of  healtb  of  the  name 
of  every  practising  physician  by  whom  he  shall 
have  reason  to  believe  the  provisions  of  said 
section  bave  been  violated:  and  if  such  physi- 
cian sball  neglect  cr  refuse  to  perform  his 
duty,the  department  shall  order  him  to  be  sus- 
pended from  any  office  he  may  hold,  and  he 
shall,  moreover,  be  liable  to  such  further  pen- 
alty and  to  such  prosecution  for  bis  violation 
of  this  law  and  of  bis  duty  as  the  beard  of 
health  shall  determine. 

Boavtllng  and  lodging-house  keepers 

may  be  required  to  report. 

Sec.  1,250.  Every  person  keeping  a board- 
ing or  lodging  house  in  the  city  shall,  when- 
ever required  by  the  department  of  health, 
report,  in  writing,  to  the  department  the 
name  of  every  person  who  shall  be  sick  In 


his  house  within  twelve  hours  after  each 
case  of  sickness  shall  have  occurred. 

Masters,  etc.,  of  vessels  to  report. 

Sec.  1,251.  Every  master,  owner  or  con- 
signee of  a vessel  lying  at  a wharf  or  in 
the  harbor  of  the  city  of  New  York,  shall 
make  a like  report,  and  within  the  same 
period,  of  the  name  of  every  sick  person  on 
hoard  of  such  vessel;  and  no  person  shall  be 
removed  therefrom  without  a written  permit 
for  that  purpose  from  the  department  of 
health. 

' TITLE  4. 

LEGAL  PROCEEDINGS  AND  PUNISH- 
MENT FOR  DISOBEDIENCE  OP 
ORDERS  AND  ORDINANCES. 

Orders  for  examination  before  'jnstieo 

of  supreme  eonrt. 

Sec.  1,257.  Any  justice  of  the  supreme 
court  of  the  first  or  second  department,  or 
who  is  holding  court  or  chambers  therein, 
upon  the  written  application  of  the  board  of 
health,  may  issue  his  order,  by  him  sub- 
scribed, for  the  examination  without  unrea- 
sonable delay  by  or  before  such  justice  of 
any  person  or  persons,  and  the  production 
of  books  or  papers  or  the  inspection  and 
taking  of  copies  of  the  whole  or  parts  there- 
of, at  a time  and  place  within  said  city,  and 
in  said  order  to  be  named;  and  it  shall  bo 
the  duty  of  such  justice  to  take  or  superin- 
tend such  examination,  which  shall  be  under 
oath,  and  shall  be  signed  by  the  party  or 
parties  examined  and  be  certified  by  said 
justice,  and  with  any  copies  of  books  or  pa- 
pers, to  be  delivered  to  said  health  department 
for  the  use  of  said  department.  And  such 
examination,  and  any  proceeding  connected 
therewith,  or  under  said  order,  may  wholly 
or  in  part  be  had,  conducted  or  co-ntinued 
by  or  before  any  other  of  said  justices,  as  well 
as  that  one  who  made  said  order;  and  in  and 
about  the  same,  every  such  justice  shall  have 
as  full  pO'Wer  and  authority  to  punish  for 
contempt  and  enforce  obedience  to  his  said 
or  other  order  or  directions  respecting  the 
matter  aforesaid  (or  that  of  any  other  judge), 
as  any  such  justice  of  the  supreme  court  may 
now  have  or  shall  possess  to  enforce  obedi- 
ence or  punish  contempt  in  any  case  or  mat- 
ter whatever.  Such  application  shall  name 
or  describe  the  person  or  persons  whose  ex- 
amination is  sought,  and,  so  far  as  possible, 
the  books  or  papers  desired  to  be  inspected 
and  the  matters  or  points  affecting  life  or 
health  as  to-  which  the  board  of  health  re- 
quests the  examinaion  to  take  place,  and  the 
justice  shall,  on  the  proceedings,  decide  what 
questious  are  pertinent  and  allowable  in  re- 
spect thereto  and  shall  require  the  same  to 
be  properly  answered;  but  no  answer  of  any 
person  so  examined  shall  be  used  in  any 
criminal  proceeding.  Service  o-f  any  order 
of  any  such  justice  may  be  made  and  the 
same  proved  in  the  same  manner  as  the 
service  of  either  an  injunction  or  of  a sub- 
pena.  And  it  shall  be  the  duty  of  said  justices 
to  facilitate  the  early  determination  of  the 
aforesaid  proceedings. 

Appearance  ami  examination  of  wit- 
nesses. 

Sec.  1,258.  Upon  the  application  of  any  par- 
ty in  interest  in  any  matter  pending  exam- 
ination before  said  department  of  health,  by 
affidavit,  stating  the  grounds  of  such  appli- 
cation, to  any  judge  of  a court  of  record,  and 
asking  that  any  person  or  persons  therein 
named  shall  appear  before  said  department  of 
I health,  or  any  person  taking  or  about  to  take 
such  examination,  at  some  time  or  times  and 
place  to  be  stated  in  the  said  affidavit,  it 
I shall  he  the  duty  of  such  judge,  if  he  shail 


124 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK, 


discover  reasonable  cause  so  to  do,  to  issue 
bis  order  requiring  such  person  or  persons 
named  to  appear  and  submit  to  such  exam- 
ination as,  and  to  the  extent,  such  order  may 
state,  at  the  time  and  place  to  be  in  said  or- 
der named;  and  such  order,  signed  by  such 
judge,  may  be  served,  and  shall  in  all  respects 
be  obeyed  as  a subpena  duly  issued;  and  a re- 
fusal to  submit  to  the  proper  examination 
may  be  punished  by  such  judge  or  by  any 
judge  of  such  court  as  a contempt  of  court, 
upon  the  facts  as  to  such  refusal  being 
brought  before  any  such  judge  by  affidavit. 

Tlie  liealtli  department  as  party  plain- 

titl  and  defendant. 

Sec.  1,259.  In  all  actions  and  proceedings 
heretofore  commenced  and  now  pending, 
against  either  of  the  cities  of  New  York, 
Brooklyn  or  Long  Island  City  or  the  town  au- 
thorities and  public  officers  in  Kings  and 
Richmond  counties  and  the  part  of  Queens 
county,  now  to  form  a part  of  the 

city  of  New  York,  or  against  the  de- 

partment of  health,  board  of  health  or 
sanitary  officers  in  any  part  of  said  terri- 
tory, in  which  any  action,  order,  regulation, 
ordinance  or  proceeding  of  any  of  the  health 
departments,  boards  of  health  or  sanitary  offi- 
cers thereof,  is  called  in  question  or  made 
the  subject  of  the  action  or  proceeding,  the 
department  of  health  of  the  city  of  New  York 
shall  have  the  right  to  appear,  answer  and 
take  part;  and  in  all  such  actions  and  pro- 
ceedings hereafter  commenced  the  said  health 
department  shall  be  a necessary  party,  and 
have  the  right  to  appear  and  to  take  part 
therein.  The  said  department  may  institute 
and  maintain  all  suits  and  proceedings  which 
are  reasonable,  necessary  and  proper,  to  car- 
ry out  the  provisions  of  the  laws  under  which 
the  said  department  acts,  and  may  sue  and  be 
sued  by  the  proper  name  of  the  department 
of  health  of  the  city  of  New  York. 

liijanctions  wlieii  not  to  be  granted 

against  department. 

Sec.  1,260.  No  preliminary  injunction  shall 
be  granted  against  the  department  of  health, 
or  its  officers,  except  'by  the  supreme  court, 
at  a special  or  general  term  thereof  after 
service  of  at  least  eight  days’  notice  of  a mo- 
tion for  such  injunction,  together  with  copies 
of  the  papers  on  which  the  motion  for  such 
injunction  is  to  be  made.  Whenever  said  de- 
partment shall  seek  any  provisional  remedy, 
or  shall  prosecute  any  appeal,  it  shall  not 
be  necessary  before  obtaining  or  prosecuting 
the  same  to  give  any  undertaking. 

Proceedings  presumed  legal. 

Sec.  1,261.  In  all  judicial  proceedings  the 
actions,  proceedings,  authority,  and  orders 
of  said  department  shall  at  all  times  be  re- 
garded as  in  their  nature  judicial, and  he  treat- 
ed as  prima  facie  just  and  legal.  In  any  suit, 
the  right  of  said  department  or  the  police 
department  to  make  any  order,  or  cause  the 
execution  thereof,  shall  he  presumed. 

■Violation  of  department  orders,  ac- 
tions for. 

Sec.  1,262;  Whoever  shall  violate  any  pro- 
visions of  this  chapter,  or  any  order  of  said 
department  made  under  the  authority  of  the 
same,  or  by  any  law  or  ordinance  therein 
referred  to,  or  shall  obstruct  or  intenfere  with 
any  person  in  the  execution  of  any  order  of 
said  department,  or  any  order  of  the  police 
department  in  pursuance  or  execution  of  the 
orders  of  the  department  of  health,  or  wil- 
fully omit  to  obey  any  such  order,  shall  be 
guilty  of  a misdemeanor,  and  be  liable  to  be 
indicted  and  punished  for  such  offense;  and 
in  cases  where  ■ it  was  made  a misdemeanor 
to  do  or  omit  any  act  or  thing,  when  any 
power  or  authority  hereby  conferred  upon  the 
board  of  health  or  department  of  health,  was 


exercised  by  any  other  hoard  of  health  or 
officers,  the  omission  or  doing  of  such,  or  a 
corresponding  act  or  thing,  which  this  chap- 
ter requires,  or  contemplates  to  he  done  or 
forbids,  shall  in  like  manner  be  a misde- 
meanor, and  the  offender  shall  be  liable  to 
indictment  and  punishment  for  the  same.  A 
willful  omission  or  refusal  of  any  individual, 
corporation,  or  body  to  conform  to  any  regu- 
lation of  said  department  duly  made  for  the 
protection  of  life  or  the  care,  promotion,  or 
preservation  of  health,  or  the  carrying  out 
of  the  purposes  of  this  chapter,  pursuant  to 
Its  power  or  authority,  shall  be  a misdemean- 
or, and  the  person  or  officers  guilty  thereof 
shall  be  lia'ble  to  indictment  and  punishment 
as  for  a misdemeanor.  All  prosecutions  and 
pro'ceedings  against  any  person  for  misde- 
meanor under  this  chapter  may  be  had 
or  tried  before  any  judge  or  tri- 
bunal having  jurisdiction  of  any  misde- 
meanor within  said  city.  Any  person,  cor- 
poration, or  body  which  may  have  wilfully 
done  or  omitted  any  act  or  thing  which  is, 
in  this  chapter,  or  by  any  law  or  ordinance, 
or  the  sanitaiw  code  referred  to,  declared  to 
be,  or  to  subject  the  party  guilty  thereof  to 
punishment  for  a misdemeanor,  shall,  in  addi- 
tion thereto,  be  subject  to  a penalty  of  two 
hundred  and  fifty  dollars,  to  be  sued  for  and 
recovered  by  said  department  in  any  civil 
tribunal  in  said  city.  Where  in  any  case 
the  minimum  penalty  for  a refusal  to  obey, 
or  for  a violation  of  any  order,  regulation,  or 
ordinance  of  said  department  of  health,  or 
any  law,  is  not  fixed,  the  amount  recovered 
in  such  case  shall  not  be  less  than  twenty  dol- 
lars, and  the  judge  or  justice  who  presided  at 
a trial  where  such  penalty  is  claimed  shall, 
on  said  trial,  in  writing,  fix  the  amount,  not 
contrary  to  said  provisions,  of  said  penalty 
to  be  recovered,  and  shall  direct  such  amounl 
so  fixed  to  be.  and  it  shall  be  included  in  the 
judgment.  Any  such  suits  may  be  against 
one  or  more,  or  all  of  those  who  participate 
in  the  act,  refusals,  or  omissions  complained 
of,  and  the  recovery  may  be  against  one  or 
more  of  those  joined  in  the  action  as  the 
justice  of  the  court  shall  direct.  The  provis- 
ions of  this  section  as  to  the  jurisdiction  of 
tribunals,  parties  and  costs  shall  apply  to  all 
suits  by  said  department  or  its  assignee,  or 
the  assignees  of  the  police  department  under 
this  chapter.  All  processes  and  papers  usual 
or  necessary  in  the  commencement  and  prose- 
cution of  actions,  or  for  the  collection  of 
money  in  suits  or  proceedings  under  this 
chapter,  on  execution,  may  be  served  by  any 
policeman,  and  jn  and  about  such  matters  the 
policeman  so  engaged  shall  have  all  the  pow- 
ers of  marshals  and  no  fees  shall  be  charged 
by  any  court,  magistrate,  or  clerk  for  the  is- 
sue of  any  paper  or  procesis,  or  the  perfor- 
mance of  any  duty  in  suits  under  this  chapter. 
Any  civil  action  brought  under  or  by  author- 
ity of  this  chapter  may  be  brought  in  any 
court  in  said  city,  having  jurisdiction  in 
any  civil  action  to  an  amount  as  large  as  is 
demanded  in  such  action;  and  If  judgment 
be  rendered  for  the  plaintiff  in  any  amount, 
costs  of  the  court  in  which  action  is  brought 
shall  also  be  recovered,  without  reference  to 
tho  amount  of  the  recovery,  provided  payment 
was  demanded  before  suit  brought,  and 
the  defendant  or  defendants  in  the  action 
against  whom  the  recovery  Is  had,  did  not,  as 
the  code  of  civil  procedure  authorizes,  offer  to 
pay  an  amount  equal  to  the  recovery  against 
him  or  them,  except  that  in  cases  where  the 
recovery  shall  be  less  than  $50,  the  amount  of 
costs  shall  he  $10;  and  in  case  no  recovery  is 
had,  the  plaintiffs  shall  not  pay  costs  unless 
the  judge  or  justice,  at  the  conclusion  of  the 
trial,  shall  certify  in  writing  that  there  was 
not  reasonable  cause  for  bringing  the  action, 
and  in  such  case  the  costs  shall  not  exceed 


$10,  unless  the  amount  claimed  exceeded  $50. 
No  action  shall  abate,  or  right  of  action  al- 
ready accrued  be  abolished,  by  reason  of  tho 
expiration,  repeal  or  amendment  of  an  ordi- 
nance, code  or  sanitary  ordinances,  or  regula- 
tion of  said  department;  nor  shall  any  court 
lose  jurisdiction  of  any  actio-n  by  reason  of  a 
plea  that  title  to  real  estate  is  involved,  pro- 
vided the  defendant  is  sought  by  the  plead- 
ings to  be  charged  in  said  action  on  any  oif 
the  grounds  mentioned  in  this  chapter,  other 
than  by  virtue  of  ownership  of  such  real  es- 
tate. In  respect  to  ail  proofs  and  proceed- 
ings by  said  department,  or  its  agents  or 
officers,  under  this  chapter,  papers  filed  shall 
be  deemed  entered  upon  or  In  the  minutes  of 
the  department. 

Arrests  for  violation  of  rules. 

Sec.  1,263.  The  board  of  health  having  first 
entered  on  the  minutes  of  department  of 
health,  or  filed  in  its  records,  what  it  may 
regard  as  adequate  proof  of  a violation  or  re- 
sistance by  any  persons  in  said  city,  of  any 
law  or  ordinance,  the  authority  relating  to 
which  is  given  to  said  department,  or  of  any 
order  made  by  said  bO'ard  or  said  department, 
may  order,  by  warrant,  under  its  seal  and 
attested  by  the  signature  of  its  secretary,  and 
indicating,  as  far  as  conveniently  practicable, 
the  time,  place  and  nature  of  the  offense  com- 
mitted, the  arrest  of  any  such  person,  and 
such  order  of  arrest  shall  be  of  the  same 
effect  and  shall  be  executed  as  a warrant 
from  a justice  or  judge,  duly  Issued;  and  the 
party  arrested  shall  be  taken  before  a magis- 
trate, and  thereupon  and  thereafter  shall,  by 
all  officers,  be  treated  as  being,  and  have  the 
rights  and  liability  of  a party  under  arreet 
by  order  of  the  proper  officer  or  tribunal,  for 
a misdemeanor,  of  the  nature  indicated  in 
said  order  of  arrest. 

Id.;  Iby  member  of  police  force  or  of- 
ficer of  department  of  health. 

Sec.  1,264.  Any  member  of  the  police  force 
and  every  inspector  or  officer  of  said  depart- 
ment of  health,  as  the  regulations  of  either 
of  said  departments  may  respectively  provide 
relative  to  its  oWn  subordinates,  may  arrest 
any  person  who  shall,  in  view  of  such  member 
or  officer,  violate,  or  do,  or  be  engaged  in  do- 
ing or  committing  in  said  city,  any  act  or 
thing  forbidden  by  this  chapter,  or  by  any  law 
or  ordinance,  the  authority  conferred  by  which 
is  given  to  said  department  of  health,  or  who 
shall,  in  such  presence,  resist  or  be  engaged 
in  resisting  the  enforcement  of  any  of  the 
orders  of  said  department  or  of  the  police  de- 
partment pursuant  thereto.  And  any  person 
so  arrested  shall  be  thereafter  treated  and 
disposed  of  as  any  other  person  duly  arrested 
for  a misdemeanor. 

Id.;  upon  complaint  of  magistrate, 

trials,  fines,  etc. 

Sec.  1,265.  Upon  the  complaint  of  any  citi- 
zen of  the  city,  against  any  person  for-  viola- 
tion of  any  rule,  sanitary  regulation,  ordinance 
or  order,  made  to  any  magistrate  having  juris- 
diction in  criminal  cases,  such  magistrate  shall 
order  the  arrest  of  any  person  against  whom 
such  complaint  is  made,  as  in  any  other  case  of  a 
criminal  offense,  and  by  his  warrant  may  re- 
quire any  policeman  or  constable  to  make 
such  arrest,  and  may,  after  such  arrest, 
proceed  summarily  to  try  such  person  for 
such  alleged  offense;  but  no  such  trial  shall 
be  had  on  any  arrest  made  in  the  city  without 
sufficient  notice  thereof  being  first  given  to  the 
department  of  health.  And  upon  an  applica- 
tion in  behalf  of  said  department,  made  before 
the  trial  is  commenced,  the  trial  of  such  per- 
son, together  with  the  papers,  shall  be  re- 
mitted to  the  court  of  special  sessions,  upon 
which  court  jurisdiction  to  try  such  person* 
Is  hereby  conferred;  but  the  right  of  any  per- 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK, 


12.') 


Bon  to  elect  to  be  tried  before  a jury,  as  it 
may  now  exist,  is  not  affected  by  any  thing 
herein  contained.  If  such  person  shall,  upon 
such  trial,  be  found  guilty,  he  or  she  may  be 
punished  in  the  same  manner  as  is  provided 
for  the  punishment  of  persons  found  guilty  of 
a misdemeanor.  Reports  of  all  such  trials 
and  of  fines  imposed  for  violations  of  this 
Chapter,  or  the  sanitary  code,  shall  be  made 
monthly  to  said  department,  but  the  justices 
before  whom  trials  are  had.  But  nothing  in 
this  section  contained  shall  be  construed  as  in 
any  manner  limiting  any  powers,  penalty  and 
punishment  in,  this  chapter  elsewhere  con- 
ferred. 

False  returns  and  deceptive  reports; 
how  pnnished. 

Sec.  1,266.  If  any  person  shall  knowingly 
make  to  said  department  of  health,  or  any  of- 
ficer thereof,  any  false  return,  statement,  or 
report  relative  to  any  birth,  death  or  mar- 
riage, or  other  matter  concerning  which  a 
report  or  return  may  be  legally  required  of, 
or  should  be  made  by,  such  person;  or  if  any 
member,  inspector,  or  officer,  or  any  agent 
of  said  department  of  health  shall  knowingly 
make  to  said  department  of  health  any  false 
or  deceptive  report,  or  statement  in  connec- 
tion with  his  duties,  or  shall  accept  or  re- 
ceive, or  authorize,  or  encourage,  or  know- 
ingly allow  any  other  person  to  accept  or  re- 
ceive any  bribe  or  other  compensation  as  a 
condition  of  or  an  inducement  for  not  faith- 
fully discovering  and  fully  reporting,  or  other- 
wise acting,  according  to  his  duty  in  any 
respect,  then  any  and  every  such  person  shall 
be  deemed  guilty  of  a misdemeanor,  and  shall 
be  liable  to  be  for  such  crime  indicted,  tried 
and  punished  according  to  law,  and  shall,  in 
addition,  forfeit  all  compensation  due  or  to 
grow  due  from  said  department. 

False  personation  as  an  officer  of  de- 
partment; penalty. 

Sec.  1,267.  It  shall  be  a misdemeanor,  punish- 
able by  imprisonment  in  the  penitentiary,  for 
not  less  than  one  year  nor  exceeding  two 
years,  or  by  a fine  of  not  less  than  $250,  for 
any  person,  not  an  officer  of  or  under  the  au- 
thority of  the  department  of  health,  to  false- 
ly represent  himself  as  such,  with  a fraudu- 
lent design  upon  persons  or  property,  or  to 
have,  use,  wear,  or  display,  without  author- 
ity, any  shield,  or  other  insignia  or  emblem 
such  as  is  worn  by  such  officer. 

Boarding  and  lodging  honse  keepers 
and  masters  of  vessels. 

Sec.  1,268.  Every  keeper  of  a boarding  or 
lodging-house,  and  every  master,  owner,  or 
consignee  of  a vessel  who  shall  refuse  or  neg- 
lect to  obey  the  orders  and  directions  of  the 
department  of  health,  as  provided  by  this 
act,  shall  be  considered  guilty  of  a misde- 
meanor, and  on  conviction  shall  be  fined  for 
each  offense  in  a sum  not  exceeding  $250,  or  be 
Imprisoned  for  a term  not  exceeding  six 
months. 

Officers  and  magistrates  to  act 
promptly. 

Sec.  1,269.  It  shall  be  the  duty  of 
all  prosecuting  officers  of  criminal  courts 
and  city  magistrates  to  act  promptly  up- 
on all  complaints,  and  in  all  suits  or 
proceedings  for  any  violation  of  this  chap- 
ter, and  in  all  proceedings  approved  or  pro- 
moted by  said  department,  and  to  bring  the 
same  to  a speedy  hearing  or  termination  and 
to  render  judgment  and  direct  execution 
therein  without  delay. 

TITLE  5. 

REIMBFRSEMEXT  FOR  EXPENSES. 

Joint  and  several  liability  of  owners, 
lessees,  anil  occupants  of  property, 
and  assignment  of  claims  for  ex- 
penses of  execution  of  orders  thereon 

Sec.  1,275.  It  is  hereby  declared  to  be  the 
duty,  of  which  there  shall  be  a joint  and  sev- 


eral liability  of  every  owner  and  part  owner 
and  person  Interested,  and  of  every  lessee,  ten- 
ant and  occupant  of  or  in,  any  place,  water, 
ground,  room,  stall,  apartment,  building,  erec- 
tion, vessel,  vehicle,  matter  and  thing  in  said 
city,  and  of  every  person  conducting  or  inter- 
ested in  business  therein  or  thereat,  and  of 
every  person  who  has  undertaken  to  clean  any 
place,  ground  or  street  therein,  and  of  every 
person,  public  officer  and  board  having  charge 
of  any  ground,  place,  building  or  erection 
therein,  to  keep,  place  and  preserve  the  same 
and  every  part,  and  the  sewerage,  drainage  and 
ventilation  thereof  in  such  condition,  and  to 
conduct  the  same  in  such  manner  that  it  shall 
not  be  dangerous  or  prejudicial  to  life  or 
health,  subject  to  the  ordinances  of  the  sani- 
tary code  and  the  orders  of  the  board  of  health. 
Any  claim  for  expenses  consequent  upon  the 
execution  of  an  order  of  the  board  of  health, 
occasioned  by  a violation  of  said  duty  above 
declared  and  se^  forth,  may  be  assigned  by  the 
board  of  health  to  any  person  not  an  officer  of 
the  health  department,  who  shall  execute  such 
order  and  perform  the  required  work. 

On  wliaf  expenses  to  be  a lien. 

Sec.  1,276.  The  e.xpenses  attending  the  exe- 
cution of  any  and  all  orders  duly  made  by  the 
board  of  health  shall  respectively  be  a sevei-ai 
and  joint  personal  charge  against  each  of  the 
owners  or  part  owners  and  each  of  the  lessees 
and  occupants  of  the  building,  business,  place, 
property,  matter  or  thing  to  which  said  order 
relates,  and  in  respect  of  which  said  expenses 
were  incurred;  and  also  against  every  person 
or  body  who  was  by  law  or  contract  bound  to 
do  that  in  regard  to  such  business,  place, 
street,  property,  matter  or  thing  which,  said 
order  requires,  and  said  expenses  shall  also  be 
a lien  on  all  rent  and  compensation  due,  or  to 
grow  due,  for  the  use  of  any  place,  room, 
building,  premises,  matter  or  thing  to  which 
said  order  relates,  and  in  respect  of  which  said 
expenses  were  incurred,  and  also  a lien  on  all 
compensation  due,  or  to  grow  due,  for  the 
cleaning  of  any  street,  place,  ground  or  thing, 
or  for  the  cleaning  or  removal  of  any  mat- 
ter, thing  or  place,  the  failure  to  do  which  by 
the  party  bound  so  to  do,  or  doing  of  the  same 
in  whole  or  in  part  by  order  of  said  depart- 
ment, was  the  cause  or  occasion  of  any  such 
order  or  expense. 

Suit  for  expenses. 

Sec.  1,277.  Said  department  of  health,  its 
assignee  or  the  party  who  has  under  its  order 
or  that  of  the  police  department,  acting  there- 
under, Incurred  any  expense  or  has  rendered 
service  for  which  payment  is  due,  and  as  the 
rules  of  said  department  of  health  may  pro- 
vide, may  Institute  and  maintain  a suit 
against  any  one  in  this  chapter  declared  liable 
for  expenses,  or  against  any  person,  firm  or 
corporation  owing,  or  who  may  owe  such 
rent  or  compensation,  and  may  recover  the 
expenses  so  incurred  under  any  order  afore- 
said. And  only  one  or  mor-e  of  such  parties 
liable  or  interested  may  be  made  parties  to 
such  action  as  the  department  may  elect,  but 
the  parties  made  responsible  as  aforesaid  for 
such  expenses  shall  be  liable  to  contribute  or 
to  make  payment  as  between  themselves,  in 
respect  of  such  expenses,  and  of  any  sum  re- 
covered for  such  expenses  or  compensation, 
or  by  any  party  paid  on  account  thereof,  ac- 
cording to  the  legal  or  equitable  obligation 
existing  between  them. 

Expense  of  executing  orders  to  be  a 

lien. 

Sec.  1,278.  The  said  department,  its  assignee 
or  any  person  acting  under  its  authority,  in 
executing  any  order  of  said  department,  shall 
have  a lien  for  the  expenses  necessarily  in- 
curred in  the  execution  of  said  order,  and 


said  expenses  shall  be  a Hen  upon  the  land 
and  buildings  upon  or  in  respect  of  which, 
or  either  of  which,  the  work  required  by  said 
order  has  been  done,  or  expenses  incurred, 
which  lien  shall  have  priority  over  all  other 
liens  and  incumbrances,  except  taxes  and 
assessments.  But  no  such  lien  shall  be 
valid  for  any  purpose  till  the  said  department 
or  person  shall  have  caused  to  be  filed  in  the 
office,  or  with  the  officer  where  notices  of 
mechanics’  liens  are  now  or  may  be  hereafter 
required  to  be  filed,  a notice  containing  the 
same  particulars  as  required  to  be  stated  with 
reference  to  mechanics’  liens,  with  the  fur- 
ther statement  that  the  expense  has  been  in- 
curred in  pursuance  of  an  order  of  said 
department,  and  giving  its  date.  Upon  such 
filing  the  said  officer  shall  make  the  same  en- 
try on  the  book  or  index  in  which  mechan- 
ics’ liens  are  entered  as  he  is  required  to 
enter  in  cases  of  mechanics’  liens,  together 
with  a reference  to  said  order  by  date,  and 
thereafter  the  same  shall,  except  as  herein- 
elsewhere  provided,  have  the  same  effect  in 
all  respects  as  a mechanics’  lien,  and  all  pro- 
ceedings with  reference  to  said  lien,  its  en- 
forcements and  discharge,  shall  be  had  and 
carried  on  in  the  same  manner  as  similar  pro- 
ceedings with  reference  to  mechanics’  liens  aro 
now  or  may  be  hereafter  by  law  had  or  carried 
on.  The  filing  of  such  statement  shall  as 
to  all  persons  have  the  same  effect  as  filing 
of  notice  of  mechanics’  liens;  and  unless  with- 
in two  months  after  actual  notice  of  such  filing, 
proceedings  are  taken  by  the  party  against 
whom  or  whose  said  property  a lien  is  claimed, 
to  discharge  such  lien,  the  filing  shall,  as  to  all 
persons  having  such  actual  notice,  become 
conclusive  evidence  that  the  amount  claimed 
in  such  statement,  with  interest,  is  due,  and 
is  a just  lien  upon  said  land  and  building. 
Such  lien  shall  continue  to  be  a lien  for  the 
space  of  four  years  from  the  time  of  filing 
such  statement,  unless  proceedings  are  in  the 
meantime  taken  to  enforce  or  discharge  the 
same,  which  may  be  done  at  any  time 
during  its  continuance.  In  case  proceedings 
are  so  taken,  it  shall  remain  a lien  until  the 
final  termination  of  such  proceedings;  and  if 
such  proceedings  shall  result  in  a judgment 
for  the  amount  claimed  in  such  statement,  or 
any  portion  thereof,  such  judgment  shall,  to 
such  extent,  be  a Hen  in  the  same  manner, 
and  from  the  said  time  as  said  statement. 

Statement  of  expense  of  executing 

orders  to  be  published. 

Sec,  1,279.  When  the  board  of  health  shall, 
through  its  own  officers  and  men  and  means 
have  executed,  or  so  far  executed  as  said  de- 
partment may  require,  any  order,  the  ex- 
penses of  such  execution,  giving  in  general 
terms  the  items  of  such  expense  and  the  date 
of  execution,  shall  be  stated  in  an  affidavit, 
and  the  same  shall  be  filed  among  the  records 
of  said  department  with  the  order  so  e.te- 
cuted;  and  said  department  shall  take  care 
by,  or  through  some  proper  officer,  or  other- 
wise, that  the  expenses  of  such  execution  be 
so  stated  with  fairness  and  accuracy;  and 
when  it  shall  appear  that  such  execution,  or 
the  expenses  thereof,  related  to  several  lots 
or  buildings  belonging  to  different  persons, 
said  affidavit  shall  state  what  belongs  to,  or 
arose  in  respect  to  each  lo't  of  said  several 
lots  or  buildings,  as  said  bo^ard  of  health  or 
its  authorized  officer  may  direct;  and  the  cor- 
rectness of  such  apportionment  of  expenses, 
as  stated  in  any  such  affidavits,  shall  not  be 
called  in  question  or  reviewed  elsew’here  than 
before  said  board;  but  said  board  may  re- 
vise and  correct  the  same,  as  truth  and  justice 
may  require.  Whenever  the  e.xpenses  attend- 
ing the  execution  of  any  order  of  said  board 
of  health  may  be  made  the  subject  of  a suit 
by  said  department,  or  its  assignee  or  the 


120 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


person  having  a right  to  recover  such  ex- 
penses, there  may  be  joined  in  the  same  suit 
a claim  or  claims  for  any  penalty  or  penalties 
for  violations  of  any  provisions  of  this  chap- 
ter, or  for  the  violation  or  omission  to  per- 
form or  obey  said  order  (or  any  prior  order 
of  said  department),  or  for  the  not  doing  of 
that,  or  any  portion  of  that,  for  the  doing 
of  which,  said  expenses  arose  or  were  incurred, 
and  said  department  may  make  an  assignment 
of  the  claim  for  any  such  penalty  or  penalties, 
to  enable  the  claim  for  the  same  and  the 
claim  for  said  expenses  to  be  joined  in  the 
same  suit;  and  the  proper  joint  or  several 
judgment  may  be  had  against  one  or  more 
of  the  defendants  in  the  suit,  as  they  or  either 
of  them  may  be  liable  in  respect  of  both  said 
claims,  or  either  or  any  of  them.  And  said 
expenses  of  executing  said  order,  and  the 
expenses  of  executing  any  judgment  in  any 
abatement  suit  in  this  chapter  provided  for, 
and  the  several  judgments  that  may  be  recov- 
ered, hereunder,  or  otherwise,  for  any  such 
penalty  or  expenses,  or  for  both  such  penalty 
and  expenses  together,  until  the  same  are 
paid  or  discharged,  shall  be  a lien  as  other 
judgments,  and  also  a lien  and  charge  upon 
rent  and  compensation  due  or  then  maturing 
from  any  tenant  or  occupant  of  the  building, 
lots  and  premises,  or  the  parts  there- 
of to  which  any  such  order  or  judg- 
ment relates,  or  in  respect  of  which  any 
such  expenses  were  incurred.  And  such  ex- 
penses and  judgments  shall  respectively  be  a 
lien  on  all  compensation  due  or  to  grow  due 
for  the  cleaning  of  any  street,  place,  ground, 
or  thing,  or  for  the  cleaning  or  removal  of  any 
matter,  thing,  or  place,  the  failure  to  do 
which  by  the  party  bound  so  to  do,  or  the 
doing  of  the  same  in  whole  or  in  part  by  order 
of  said  department,  was  the  cause  or  occa- 
sion of  any  such  charge  or  expense.  For  the 
purpose  of  rendering  such  lien  and  charge 
more  effectual  to  secure  payment  of  any  such 
expenses  or  judgment,  from  any  rent  or  com- 
pensation aforesaid,  proceedings  may  be  taken 
as  follows: 

1.  The  department  of  health,  or  any  person 
owning  any  such  judgment,  or  the  claim  for 
any  such  expenses,  or  having  a right^to 
receive  payment  therefor,  may  serve  a copy 
of  the  order  under  or  by  reason  of  which  such 
expenses  were  authorized  or  incurred  with 
a copy  of  any  affidavit  stating  the  expenses  of 
the  execution  of  such  order,  cr  If  the  claim 
be  a judgment,  may  serve  a transcript  of  such 
judgment  and  any  affidavit  showing  the  ex- 
pense of  its  execution,  if  there  be  any,  upon 
any  person  or  corporation  owing,  or  who  is 
about  to  owe  any  such  compensation,  or  ow- 
ing or  about  to  owe  any  rent  or  compensation 
for  the  use  or  occupation  of  any  grounds, 
premises  or  building,  or  any  part  thereof,  to 
which  said  order  cr  judgment  relates,  and  in 
respect  of  which  such  expenses  embraced  in 
said  judgment  related  or  were  incurred,  and 
may,  at  any  time  of  such  service,  demand  in 
writing  that  such  rent,  or  any  such  compensa- 
tion to  the  extent  of  said  claims  for  said  ex- 
penses, or  of  any  such  judgment  or  expense 
In  executing  the  same  shall,  when  such  rent 
or  compensation  becomes  due  and  payable,  be 
paid  to  the  department  of  health. 

2.  After  the  service  of  the  papers  afore- 
said and  such  demand,  any  tenant,  lessee,  oc- 
cupant, or  other  person  owing,  or  about  to 
owe,  any  such  rent  or  any  such  compensa- 
tion, shall,  when  such  rent  or  any  such  com- 
pensation shall  mature,  or  become  payable, 
pay  the  same,  and  from  time  to  time  pay  any 
other  amount  thereof,  as  the  same  may  be- 
come due  and  payable,  or  so  much  thereof  as 
Is  sufficient  to  satisfy  any  such  judgment  or 
claim  for  expenses,  or  both,  so  served,  to  said 
department  of  health,  and  a receipt  shall  be 


given  therefor,  stating  on  acconnt  of  what 
order  or  judgment  and  expenses  the  same  has 
been  paid  and  received;  and  the  amount  so 
received  shall  be  deposited  where  other  funds 
of  said  department  are  kept,  to  the  special  ac- 
connt of  such  department. 

3.  Any  person  or  corporation  refusing  or 
omitting,  as  herein  directed,  to  make  such  pay- 
ment to  the  department  of  health,  after  service 
of  the  paper  and  demand  aforesaid,  as  herein 
required,  shall  be  personally  liable  to  said  de- 
partment of  health,  or  to  the  party  owning 
any  such  claim  for  expenses  or  judgment,  if 
not  belonging  to  said  department,  for  the 
amount  that  should  have  been  paid  to  said 
department  according  to  the  provisions  here- 
of, and  may  by  such  party  or  health  depart- 
ment be  sued  therefor;  and  such  persons  shall 
not  in  such  suit,  dispute  or  call  in  question  the 
anthority  of  said  department  of  health  to  in- 
cur, or  order  such  expense,  or  of  its  assignee 
therein,  or  the  validity  or  correctness  of  such 
expenses  or  judgment  in  any  particular,  or 
the  right  of  the  party  making  such  demand, 
or  his  assignee,  to  have  the  same  paid  from 
such  rent  or  compensation.  But  the  receipt 
of  such  department  tor  any  sum  paid  as  afore- 
said shall,  in  all  suits  and  proceedings,  and  for 
every  pnrpose,  be  as  effectual  in  favor  of 
any  person  holding  the  same,  as  actual  .pay- 
ment of  the  amount  thereof  to  the  proper  land- 
lord, lessor,  owner,  or  other  person  or  per- 
sons w'ho  would,  but  for  the  provisions  of  this 
title,  and  of  said  demand,  have  been  entitled 
to  receive  the  sura  so  paid.  And  it  is  further 
expressly  declared  that  no  tenant  or  occupant 
of  any  lot,  building  or  premises,  or  his  or  their 
assignee  or  lessee,  shall  be  disposessed  or  dis- 
turbed, nor  shall  any  lease  or  contract,  or 
rights,  be  forfeited  or  impaired,  nor  any  for- 
feiture or  liability  be  incurred  by  reason  of 
any  omission  to  pay  to  any  landlord,  owmer, 
lessor,  contractor,  party,  or  other  person, 
the  sum  so  paid  to  said  department  of  health, 
or  any  part  thereof. 

Department  to  retain  moneys  till 

twelve  days  after  notice. 

Sec.  1,280.  The  said  department  of  health 
shall  retain  money  so  paid  until  twelve  days 
after  it  shall  be  made  to  appear  to  said  de- 
partment of  health,  or  some  proper  officer 
thereof,  by  satisfactory  affidavit,  that  the 
party  or  parties,  or  his  or  their  agent  for 
the  collection  of  any  such  rent  or  compen- 
sation, who,  but  for  the  provisions  hereof 
would  have  been  entitled  to  receive  the  same, 
has  had  written  notice  of  such  payment  being 
made;  and  if  at  the  end  of  said  twelve  days 
the  party  or  parties  aforesaid,  so  notified, 
have  not  instituted  suit  to  recover  said 
money,  as  hereinafter  provided,  then  it  shall, 
by  said  department,  be  paid  to  any  person 
who  shall  own  oi  have  the  right  to  recover 
the  amount  of  the  judgment  or  the  claim  for 
expenses,  or  so  much  thereof  as  the  party 
may  be  entitled  to.  or  on  account  of  which 
the  money  was  paid  to  said  department,  and 
after  such  payment  the  party  or  parties  afore- 
said shall  have  no  right  to  demand  or  re- 
ceive any  such  money,  unless  they  shall  with- 
in six  calendar  months  from  the  expiration  of 
said  twelve  days  in  a suit  alleged  that  they 
had  no  notice  of  such  payment,  and  shall,  on 
the  trial  of  such  suit,  prove  said  allegation, 
and  also  that  they  w'ere  not  liable  to 
pay  the  said  claim  for  expenses,  or  the  said 
penalty  or  judgment,  and  that  the  said  de- 
partment had  not  jurisdiction  to  order  the 
expenses  aforesaid,  on  account  of  which  the 
money  was  so  paid,  or  on  which  any  such 
judgment  w’as  obtained,  and  in  case  of  a re- 
covery in  such  suit  it  shall  be  only  to  the 
extent  that  such  parties  were  not  so  liable, 
and  in  such  suit  any  person  or  persons  who 
may  have  received  said  money  from  said  de- 


partment, or  said  department  shall,  by  the 
plaintiff,  be  made  a party  defendant;  and  if 
the  plaintiff  shall  recover  such  money  or  any 
part  thereof,  said  department  of  health  shall 
be  entitled  to  any  equitable  judgment  in  snch 
suit  which  the  court  may  see  fit  to  direct  for 
recovering  said  money  back,  or  any  part 
thereof,  from  such  co-defendant,  which  had 
been  paid  to  him  by  said  department  of 
health. 

Partie.s  to  snit  brouglit  after  twelve 

(lays;  costs  against  department. 

Sec.  1,281.  In  case  any  suit  shall  be  brought 
under  the  last  section,  or  before  the  expira- 
tion of  the  said  twelve  days,  said  depart- 
ment ol  health  shall  be  joined  as  a party  de- 
fendant; and  any  person  or  persons  ocher 
than  said  department  claiming  the  right  to 
receive  said  money  on  account  of  said  order, 
expenses  or  judgment,  or  who  has  received 
the  same,  shall  also  by  the  plaintiff  be  made 
parties  defendant;  and  no  answer  need  De 
made  by  said  department  except  at  its  option, 
or  further  than  the  allegation  that  it  holds 
said  money  so  paid,  and  is  ready  to  pay  it 
over,  as  the  result  of  the  suit  may  render 
proper,  and  said  money  shall  be  held  by  said 
department  pending  said  suit,  if  not  paid 
over  before  suit  brought  as  aforesaid, 
provided  said  suit  he  diligently  prose- 
cuted to  judgment;  and  on  its  con- 
clusion the  department  of  health  shall 
cause  the  money,  if  still  held  by  it,  or  the 
proper  amount  from  its  funds,  to  be  paid  ns 
the  determination  of  the  suit  may  render 
proper;  and  no  costs  in  any  suit  in  this  sec- 
tion mentioned  shali  be  recovered  against  the 
department  of  health.  But  to  entitle  a plain- 
tiff to  recover  in  any  such  last  named  suit  he 
must  make  the  same  proof  and  establish  the 
same  facts  as  are  required  to  enable  him  to 
recover  in  any  suit  in  this  title  mentioned, 
except  as  to  notice  of  payment  to  department. 

TITLE  6. 

ABATEMENT  BA'  SUIT. 
Nuisance  defined. 

Sec.  1,287.  A wilful  omission  or  refusal  of 
any  individnal,  corporation  or  body  to  forth- 
with abate  any  nuisance,  as  ordered  by  a reso- 
lution of  the  board  of  health,  duly  served 
upon  them  pursuant  to  the  provisions  of  -this 
act,  or  to  conform  to  any  ordinance  of  the 
sanitary  code  or  any  sanitary  regulation  of 
said  board,  duly  made  for  the  protection  of 
life  or  the  care,  promotion  or  preservation  of 
health,  pursuant  to  its  power  or  authority, 
shall  be  a misdemeanor,  and  the  person  or  offi- 
cers guilty  thereof  shall  be  liable  to  indict- 
ment and  punishment  as  for  a misdemeanor. 
In  addition  thereto  every  person,  body  or 
corporation  that  shall  violate  or  not  conform 
to  any  ordinance  of  the  sanitary  cods,  or  any 
rule,  sanitary  regulation  or  special  or  general 
order  of  said  board,  duly  made,  shall  be  liable 
to  pay  a penalty  not  exceeding  fifty  dollars 
for  each  offense,  v.'hich  may  be  sued  for  and 
recovered  by  am',  in  the  name  of  said  depart- 
ment of  health  with  costs,  before  any  justice 
or  tribunal  in  said  city  of  New  York  having 
jurisdiction  of  civil  actions. 

Suit.s  to  ahate  nuisances. 

Sec.  1,288.  For  the  abatement  or  remedying 
any  of  the  nuisances  mentioned  or  declared  in 
this  chapter  or  by  the  board  of  health  pursu- 
ant to  the  authority  devolved  and  conferred 
upon  It  by  this  act,  the  beard  of  health  may 
institute  and  maintain  in  any  court  in  said 
city  having  jorisdiction  in  suits  where  the 
amount  claimed  exceeds  one  thousand  dollars, 
a suit  or  suits  at  law  or  in  equity.  And  all 
costs  collected  in  any  such  action  or  proceed- 
ing shall  be  paid  over  to  the  department  and 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


127 


accounted  for  by  it.  To  all  sucb  suits  tbe 
provisions  of  this  chapter,  relative  to  juris- 
diction, costs,  and  parties,  shall  be  applicable; 
and  the  courts  shall  allow  the  plaintiff,  at  any 
proper  stage  of  the  case,  to  amend,  by  join- 
ing other  parties  defendant;  and  no  suit 
shall  be  dismissed  or  defeated  by  reason  of 
there  ~being  other  persons  interested  therein, 
or  concerned  in  causing,  creating  or  maintain- 
ing th^  nuisance  complained  of  in  such  suit. 

Id.;  trial  tUereot. 

See.  1,289.  Such  suit  shall  be  tried  as  an  is- 
sue of  law,  and  without  a jury,  unless  some 
defendant  shall,  in  his  answer,  or  by  notice 
' in  writing  to  be  served  on  plaintiff’s  attorney 
within  five  days  after  service  of  said  answer, 
demand  a trial  by  jury  on  some  question  of 
fact,  to  be  in  said  answer  or  notice  distinctly 
stated,  and  in  lespect  of  which  a right  of  trial 
by  jury  exists,  and  it  any  such  demand  be  so 
made  and  served,  the  case  shall,  as  to  all  the 
defendants,  be  placed  on  the  calendar  of  jury 
trial  cases  as  a preferred  case;  and  when 
moved  tor  trial,  if  issues  of  fact  for  the  jury 
have  not  before  been  settled,  the  presiding 
judge  may  state  in  writing  the  issues  of  fact 
to  be  submitted  to  the  jury,  or  the  trial  shall 
proceed  upon  the  material  issues  of  fact  made 
by  the  pleadings  without  such  written  state- 
ment of  issues;  and  the  judge  who  presided  at 
the  trial  (or  some  judge  of  the  same  court. 
If  said  judge  be  unable  to  proceed  therewith) 
shall,  on  receiving  the  verdict,  or  as  soon 
thereafter,  and  at  the  same  term,  if  possible, 
settle  and  cause  to  be  entered  the  proper  judg- 
ment in  said  suit. 

Id.;  judgment;  what  to  contain. 

Sec.  1,290.  If  the  judgment  be  that  any 
nuisance  may  be  abated  or  remedied,  in  whole 
or  in  part,  said  judgment  shall  contain  suf- 
ficient directions  for  its  proper  execution,  and 
the  judge  shall,  from  the  pleadings  and  the 
evidence  given  at  the  trial,  find  and  state 
what  proportion  of  the  expense  of  such  exe- 
cution shall  be  paid  or  be  borne  by  each  or 
all  of  the  defendants,  jointly  or  severally; 
and  if,  in  the  opinion  of  the  court,  any  part 
of,  or  all  of  the  expense  of  such  execution 
should  be  bcrne  by  said  department  of  health, 
or  the  execution  of  such  judgment  should  be 
made  by  said  department,  or  under  its  direc- 
tion, said  judgment  shall  contain  the  appro- 
priate directions  in  respect  to  such  last 
named  payment  or  execution.  Said  judgment 
if  against  any  defendant,  shall,  on  its  face, 
state  that  it  will  be  a lien  on  the  real  prop- 
erty, and  corporeal  hereditaments  of  such 
defendant  or  defendants  respectively,  to 
which  the  said  nuisance  shall  have  related, 
till  his  or  their  proportion  of  such  expenses 
of  execution  are  satisfied,  or  the  lien  thereof 
shall  be  otherwise  discharged  according  to 
law. 

Lien  of  judgment;  liow  removed. 

Sec.  1,291.  Any  person  prejudicially  affected 
by  the  lien  of  any  such  judgment  may,  on 
eight  days’  notice  to  said  department,  make 
a motion  before  any  judge  of  the  court  in 
which  said  judgment  was  rendered,  for  an 
order  that  the  lien  of  such  judgment  be  dis- 
charged, as  to  all  or  any  specific  property  set 
forth;  and  If  it  shall  appear  to  such  judge,  on 
the  hearing  of  such  motion,  that  such  eight 
days’  notice  of  such  motion  has  been  given  to 
the  board  of  health,  and  that  such  judgment 
has  been  executed,  and  the  expenses  paid, 
which  the  lien  sought  to  be  discharged,  was 
designed  to  secure;  or,  if  a proper  or  suf- 
ficient undertaking  or  bond,  with  sureties, 
shall  be  given  for  the  payment  of  such  ex- 
penses; or  if  the  board  of  health  or  its  coun- 
sel shall,  in  writing,  consent  to  the  discharge 
of  the  last  named  lien,  as  to  any  or  all  prop- 
erty relerred  to,  or  as  to  one  or  more  defend- 


ants, then  said  judge  may  order  said  lien  dis- 
charged of  record  by  the  proper  officer,  to 
the  extent  and  as  to  the  person  or  persons 
that  the  order  shall  specify;  and  it  shall  be  so 
discharged;  and  such  order  and  the  moving 
papers  shall  be  filed  with  the  proper  clerk,  as 
the  judge  may  direct. 

Appeals  and  stays. 

■ Sec.  1,292.  No  appeal  by  any  party  defend- 
ant shall  stay  the  execution  of  any  judgment 
aforesaid,  except  to  the  extent,  in  reference 
to  the  persons,  and  on  the  conditions  the 
judge  who  tried  the  case,  or,  some  other 
judge  of  the  same  court,  shall,  on  the  settling 
of  the  judgment,  or  on  motion,  on  four  days’ 
notice  to  said  department  of  health,  with 
due  reference  to  the  public  interes'ts  involv- 
ed, specially  order;  and  if  no  such  order  shall 
be  made,  the  judgment  shall  be  executed, 
notwithstanding  any  appeal,  undertaking,  or 
security  and  without  any  liability  on  the  part 
of  any  person  by  reason  of.  any  damages  or 
consequences  growing  out  of  the  execution 
of  said  judgment.  Whether  the  same  be  revers- 
ed or  not.  Al’l  appeals  by  the  defendant  from 
any  judgment  in  the  said  abatement  suits, 
^all  be  taken  within  ten  days  after  notice 
in  writing,  to  the  defendant  or  his  attorney, 
of  the  entry  of  the  judgment  therein,  and  the 
judge  who  tries  the  case  may,  in  his  discre- 
tion, order  a stay  as  to  the  execution  of  the 
judgment,  but  only  for- the  period  of  the  said 
ten  days,  and  within  said  period  of  ten  days 
an  undertaking  or  security  on  appeal  must 
be  filed,  oif  the  form  and  obligation  required 
in  ordinary  appeals  from  judgments,  but  also 
to  be  conditioned  for  the  payment  of  the  ap- 
pellants’ adjudged  share  of  the  expenses  of 
executing  such  judgment,  or  if  not  estimated 
in  said  judgment,  as  the  judge,  on  applica- 
tion and  three  days’  notice  to  said  depart- 
ment, shall  estimate  the  same,  in  conformi- 
ty with  the  judgment,  for  the  purpose  of  such 
security  on  appeal.  But  the  execution  of  any 
judgment  against  the  defendants  shall  not 
be  delayed  beyond  ten  days,  if  within  that 
period  the  proper  undertaking  or  security  on 
appeal,  approved  by  the  judge,  has  not  been 
filed,  and  the  appeal  perfected,  as  herein  pro- 
vided The  judgment  may  state  the  estimated 
expense  that  will  have  to  be  paid  by  any 
party  toward  executing  said  judgment;  but 
the  board  of  health  may  appeal  in  such 
case,  or  any  case  to  which  the  health  de- 
partment is  a party  within  ten  days  after  the 
entry  of  any  judgment,  and  without  giving 
any  security;  such  appeal  shall  be  effectual 
and  shall  operate  as  a stay  on  the  part  of  the 
judgment  In  respect  to  Which  said  department 
appeals. 

Claims  for  penalty  may  he  Joined  in 

abatement  snits. 

Sec.  1,293.  In  any  such  abatement  suit  said 
department  may  join  a cause  of  action  for 
any  penalty  or  penalties  that  may  have  been 
incurred  by  either  of  the  defendants,  by  rea- 
son of.  or  in  connection  with,  the  nuisance 
complained  of,  or  by  reason  of  any  omission 
or  refusal  of  any  defendant  to  obey  or  comply 
with  any  ordinance  of  the  sanitary  code  or 
any  order  of  the  department  of  health  touch- 
ing such  alleged  nuisance,  and  have  the 
proper  provision  in  any  judgment  therefor 
against  one  or  more  of  the  defendants.  No 
motion  for  a new  trial  on  a case  made  shall 
be  entertained  in  any  such  abatement  suit, 
except  as  a parf  of,  and  as  arising  upon  the 
papers  upon  a regular  appeal  to  the  appel- 
late division  of  the  court,  and  to  be  heard 
therewith. 

Jndgrment  of  appellate  division;  wbat 

to  eontaiu. 

Sec.  1,294.  The  judgment  of  the  appellate 
division,  if  it  shall,  to  any  extent,  direct  any 


change  in  the  judgment  appealed  from,  but 
shall  direct,  or  allow  or  fail  to  forbid  the  judg- 
ment in  part  to  be  executed,  shall  also  con- 
tain the  requisite  specific  provisions,  so  that 
the  judgment,  as  modified,  may  be  executed, 
and  the  due  proportion  of  the  expenses  of 
such  execution  may  be  assessed  on  the  de- 
fendants, respectively,  or  on  said  department, 
as  the  appellate  division  may  adjudge.  There 
may  be  an  appeal  from  the  appellate  division 
to  the  court  of  appeals,  in  such  abatement 
suit,  and  therein  the  provisions  hereof  as  to 
appeals  from  the  judgment  to  the  appellate 
division,  and  as  to  tne  security  on  appeal, 
shall  in  all  particulars,  including  the  length 
of  time  given  in  which  to  take  an  appeal, 
apply,  except  that  no  undertaking  on  its  ap- 
peal is  necessary  on  the  part  of  the  depart- 
ment of  health,  and  no  change  in  the  code  of 
civil  procedure,  or  otherwise,  hereafter  to  be 
made,  though  in  subject-matter  applicable 
to  said  abatement  suits,  shall  be  construed  to 
modify  the  aforesaid  or  other  provisions  of 
the  health  laws  as  to  any  suits  thereunder, 
unless  such  act  shall  specifically  declare  such 
modification  to  be  intended. 

Statement  of  expense  of  execution. 

Sec.  1,295.  Upon  the  execution,  in  whole  or 
in  part,  of  any  such  judgment,  if  said  depart- 
ment shall,  as  it  is  hereby  authorized  to  do, 
decide  the  public  interest  to  demand  only 
execution  in  part  thereof,  a statement  of  the 
expenses  of  such  execution  shall  be  made, 
and  such  expenses  shall  be  therein  appor- 
tioned not  contrary  to  any  provisions  of  said 
judgment;  and  upon  the  same  being  verified 
by  the  oath  of  some  person  who,  by  due  au- 
thority, took  part  in,  or  had  charge  of  the  ex- 
ecution of  such  judgment,  or  by  some  officer 
of  said  department,  such  statement,  entitled 
in  the  case,  may  be  filed  or  given  to  the  prop- 
er clerk  to  be  filed,  with  such  judgment;  and 
notice  of  such  filing  or  delivery,  and  a copy  pf 
such  statement  shall  be  given  to  the  attorneys 
of  the  defendant  in  the  suit,  or  to  the  de- 
fendants themselves,  or  to  some  one  of  the 
joint  defendants;  and  unless  within  ten  days 
after  any  such  notice,  such  defendants  shall 
give  due  notice,  in  writing,  to  said  department, 
or  to  the  person  who,  as  assignee,  or  by  or- 
der, executed  such  judgment  or  is  entitled  to 
payment  of  such  expenses,  in  case  it  was  not 
executed  by  said  department,  of  a motion,  and 
serve  therewith  copies  of  affidavits  to  correct 
such  statement  in  particulars  to  be  mentioned, 
and  separately  and  clearly  stated  in  such  affi- 
davit, such  statement  aforesaid  shall  be,  in  all 
suits,  and  proceedings,  and  tribunals,  and  at 
all  times,  deemed  and  taken  to  be  final,  conclu- 
sive and  correct;  and  no  formal  defect  in  such 
statement  shall  in  any  wise  vitiate  the  same. 
And  on  any  hearing  of  such  motion,  any  party 
in  interest,  or  said  department  may  read  affi- 
davits in  support  of  such  original  statement; 
and  the  finding  of  any  judge  on  the  hearing 
of  such  motion,  as  to  the  said  statement  of 
such  expenses  and  other  matters  in  such  mo- 
tion involved,  or  statement  contained,  shall 
be  final  and  conclusive  and  not  subject  to  ap- 
peal, and  such  finding  or  statement  as  modi- 
fied by  such  fluding^^when  filed,  shall  be  of  the 
same  effect  as  such  original  statement  would 
have  been  had  no  motion  in  regard  thereto 
been  made;  and  for  the  purpose  of  an  execu- 
tion for  such  expense  and  creating  a lien  un- 
der any  judgment,  such  statements  and  find- 
ing or  modified  statement  shall  be  regarded  as 
a part  of  said  judgment,  and  the  lien  there- 
of shall  extend  to  any  amounts  stated  in  such 
final  statement  and  finding.  Insofar  as  any 
judgment  may  be  directed  to  be  executed  at 
the  expense  of  said  department  of  health,  or 
by  any  party  defendant  at  his  own  expense, 
and  shall  by  such  party  defendant  be  so  ex- 


128 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


ecuted,  the  expense  of  such  execution  shall  not 
be  stated  or  embraced  In  the  aforesaid  state- 
ment or  finding  of  expenses;  but  if  any  part  of 
the  execution  aforesaid,  which  any  party 
should  have  borne  or  paid,  shall,  by  reason  of 
the  delay,  refusal  or  defective  act  or  execu- 
tion of  such  party,  or  any  other  cause,  be  paid, 
borne,  or  incurred  by  said  department  of 
health,  in  and  about  the  execution  of  such 
judgment,  then  the  said  latter  expenses  of 
said  department  may  be  embraced  in  said 
statement  and  finding,  and  collected  by  execu- 
tion as  aforesaid. 

Elxecation  thereupon. 

Sec.  1,296.  For  the  proportion  and  amounts 
as  authorized  by  such  judgment  and 
contained  in  such  finding  or  in  such 
statement  or  modified  statement,  when  either 
of  the  same  shall  have  become  final  as  afore- 
said, said  department,  or  any  assignee  of  such 
department,  or  any  other  person  who  has  ex- 
ecuted such  judgment,  or  has  otherwise  a 
right  to  receive  the  expense  of  so  doing,  or 
the  portion  thereof  that  may  be  due  from  any 
defendant,  shall  have  execution,  on  applica- 
tion ex  parte,  to  a judge  of  the  court  in 
which  the  judgment  was  recovered,  and  such 
execution  shall,  in  due  form,  be  allowed  by 
any  such  judge;  such  execution  to  be  against 
any  one  or  more  defendants  or  joint  defend- 
ants for  the  recovery  of  any  amount  due 
from  such  defendant,  or  defendants,  which 
the  party  claiming  such  execution  is  entitled 
to  receive;  and  such  execution,  except  as 
herein  specially  provided,  shall  be  of  the 
Game  effect  an-d  form  as  any  execution  duly 
issued  pursuant  to  any  judgment.  But  no 
execution  shall  be  issued  against  any  defend- 
ant for  less  than  the  whole  sum  due  from 
such  defendant,  or  for  less  than  he  shall  be 
liable  to  pay  in  such  suit;  but  any  sum  ad- 
judged against  any  defendant  or  defendants, 
in  any  such  abatement  suit  for  penalties, 
costs,  .or  for  other  cause  than  the  expense  of 
the  abatement  or  remedying  of  such  nui-s- 
ance,  may  be  collected  by  separate  or  .other 
executions,  other  than  those  authorized  for 
collecting  such  expenses,  to  be  issued  in  due 
course  of  law. 

Injnnetion  may  be  granted  in  abate- 
ment snit.s;  regnisites. 

Sec.  1,297.  In  any  abatement  suit  aforesaid 
the  court  or  a judge  thereof,  may  issue  and 
enforce  an  appropriate  preliminary  injunc- 
tion, whenever  it  shall  be  asked  for,  by  the 
board  of  health,  and  there  shall  appear  to 
such  judge  to  be  reasonable  cause  therefor; 
and  such  injunction  may  also  be  granted 
whenever  it  shall  be  made  to  appear  to  the 
court  or  a judge  thereof,  by  affidavit,  that 
such  injunction  is  needed,  to  prevent  any  il- 
legal act,  conduct,  or  business  aforesaid,  or  its 
continuance,  or  to  prevent  any  serious  danger 
to  human  life  or  serious  detriment  to  health, 
or  great  public  inconvenience,  touching  any 
matter  or  thing  to  which  this  chapter  or  the 
health  laws  aforesaid  relate.  And  in  any 
such  injunction  order  the  court  may  require 
any  building,  erection,  or  grounds  to  be  put 
211  a condition  that  will  not  be  dangerous  to 
the  life  or  detrimental  to  t;he  health  of  any 
occupant,  before  the  same  shall  be  leased,  or 
rented,  or  occupied,  or  before  any  rent  or  com- 
pensation shall  be  collected  for  the  rent  or 
use  of  the  whole  or  any  portion  of  the  same. 
In  any  such  injunction  order,  and  also  in  any 
Judgment  in  any  abatement  suit,  the  judge 
or  court  may  require  the  tenants,  lessees  and 
occupants  or  either  or  any  of  them,  of  any 
such  building,  erection,  or  grounds,  to  pay 
rent  thereof,  or  compensation  therefor,  due  or 
to  grow  due  to  the  health  department,  and 
said  department  to  collect  and  receive  and 
apply  said  rent  to  the  payment  of  the  ex- 


penses of  putting  any  said  building,  erection, 
or  ground  in  a condition  that  will  not  be  dan- 
gerous to  the  life  or  detrimental  to  the  health 
of  any  present  or  future  tenant,  lessee  or  oc- 
cupant, or  of  any  other  person;  all  such  col- 
lections and  payments  to  be  made  In  such 
manner,  to  such  extent,  and  on  such  condi- 
tions as  the  court  shall  by  order  or  judgment 
provide;  and  every  such  payment  to  said  de- 
partment, and  the  receipt  of  its  treasurer  for 
such  rent  or  compensation,  shall  be  as  effect- 
ual to  protect  any  person  who  has  made  the 
same,  and  every  such  tenant,  lessee  and  occu- 
pant, and  all  his  and  their  rights  under  any 
lease  or  occupation,  as  if  such  payment  had 
been  made  to,  and  such  receipt  had  been  given 
by  the  lessor  or  owner,  or  any  proper  claimant 
of  any  such  rent  or  compensation,  who  had, 
but  for  such  order  or  judgment,  the  right  and 
authority  to  receive  the  same.  But  no  under- 
taking or  security  shall  be  required  or  neces- 
sary on  the  part  of  said  department  as  a 
condition  of  granting  such  injunction  or  the 
same  being  effectual;  and  in  any  final  judg- 
ment in  such  suit  there  may  be  enjoined  what- 
ever, if  about  to  happen  or  threatened,  would 
be  the  proper  subject  matter  of  a preliminary 
injunction.  And  when  the  public  interest 
^eems  to  the  court  to  require  a speedy  trial 
or  hearing  of  any  such  suit  or  appeal  therein, 
it  shall  be  the  duty  of  any  judge  of  any  court 
aforesaid,  or  of  the  court  to  whom  applica- 
tion by  said  board  may  be  properly  made,  to 
cause  such  suit  or  appeal  to  be  advanced  and 
brought  to  a speedy  trial,  and  before  it  would 
otherwise  be  reached  by  trial  or  argument 
in  due  course  on  the  calendar,  as  the  judge  or 
court  may  by  special  order  direct. 

Expenses  of  department  of  liealtli  to 
be  paid  out  of  its  fnnds. 

Sec.  1,298.  Whatever  expenses  said  de 
partment  of  health  may  lawfully  and  properly 
incur  in  the  execution  of  any  judgment  afore- 
said, or  in  executing  or  In  connection  with 
its  own  orders,  made  in  good  faith,  or  in 
and  about  the  discharge  in  good  faith  of  its 
supposed  duties,  or  in  satisfying  any  liabil- 
ity or  judgment  it  may  have  in  good  faith 
incurred  or  suffered  by  reason  of  its  acts  done 
in  good  faith  as  aforesaid,  or  in  satisfying  any 
claim  against  its  officers  or  subordinates,  aris- 
ing from  the'ir  acts  in  the  discharge,  in  good 
faith  of  their  supposed  respective  duties,  shall, 
so  far  as  established,  be  paid  out  of  its 
fund  or  other  moneys  appropriated  to  such 
purpose  or  to  its  use. 

TITLE  7. 

TENEMENT  AND  LODGING  HOUSES. 

Construction  generally;  balls  and 
windows,  etc. 

Sec.  1,304.  Every  house,  building  or  portion 
thereof,  in  the  city  of  New  York,  used,  oc- 
cupied, leased  or  rented  for  a tenement  or 
lodging  house  must  conform  in  its  construc- 
tion, appurtenances  and  premises  to  the  re- 
quirements of  this  title,  and  its  use  and 
occupation  shall  be  regulated  subject  to  the 
ordinances  of  the  sanitary  code,  applicable 
thereto,  and  the  orders  of  the  board  of  health 
duly  made,  pursuant  to  its  authority,  duty 
and  powers  conferred  and  enjoined  upon  it  in 
this  chapter.  If  occupied  by  more  than  one 
family  on  a floor,  and  if  the  halls  do  not  open 
directly  to  the  external  air,  with  suitable 
windows,  without  a room  or  other  obstruc- 
tion at  the  end,  it  shall  not  be  used,  occupied, 
leased  or  rented,  unless  sufficient  light  and 
ventilation  is  otherwise  provided  for  in  said 
halls,  approved  so  far  as  relates  to  construc- 
tion by  the  department  of  buildings,  and  if  the 
building  be  completed,  approved  so  far  as  re- 


lates to  health  and  sanitary  conditions,  by 
the  board  of  health. 

Deflnltions. 

Sec.  1,305.  A tenement  house  within  the 
meaning  of  this  title  shall  be  taken  to  mean 
and  Include  any  house  or  buillding  or  portion 
thereof,  which  is  rented,  leased,  let  or  hired 
out,  to  be  occupied,  or  is  occupied  as  the 
home  or  residence  of  three  families  or  more 
living  independently  of  each  other,  and  doing 
their  cooking  upon  the  premises,  or  by  more 
than  two  families  upon  any  floor,  so  living 
and  cooking,  but  having  a common  right  in 
the  halls,  stairways,  yards,  water  closets  or 
privies,  or  some  of  them.  A lodging  house 
shall  be  taken  to  mean  and  Include  any 
house  or  building,  or  portion  thereof,  in 
which  persons  are  harbored,  or  received  or 
lodged,  for  hire  for  a single  night,  or  for 
less  than  a week  at  one  time,  or  any  part 
of  which  is  let  for  any  person  to  sleep  in, 
for  any  term  less  than  a week.  A cellar 
shall  be  taken  to  mean  and  include  every 
basement  or  lower  story  of  any  building  or 
house  of  which,  one-half  or  more  of  the 
height  from  the  floor  to  the  ceiling,  is  be- 
low the  level  of  the  street  adjoining. 

Roofs  and  stairs  and  Are  escapes. 

Sec.  1,306.  The  roof  of  every  such  house 
shall  be  kept  in  good  repair  and  so  as  not 
to  leak,  and  all  rain  water  shall  be  so  drained 
or  conveyed  therefrom  as  to  prevent  its 
dripping  on  to  the  ground  or  causing  damp- 
ness in  the  walls,  yard  or  area.  All  stairs 
shall  be  provided  with  proper  banisters  and 
railings  and  shall  be  kept  in  good  repair. 
Every  such  house  shall  be  provided  with  a 
proper  fire  escape  or  means  of  escape  in  case 
of  fire,  to  be  approved  by  the  department 
of  buildings. 

Sleeping  rooms;  ventilation. 

Sec.  1,307.  Every  house,  building  or  portion 
thereof  in  the  city  designed  to  be  used,  oc- 
cupied, leased  or  rented,  or  which  is  used, 
occupied,  leased  or  rented  for  a tenement 
or  lodging  house,  shall  have  in  every  room 
which  is  occupied  as  a sleeping  room  and 
which  does  not  communicate  directly 
with  the  external  air,  a ventilating  or  transom 
window,  having  an  opening  or  area  of  three 
square  feet,  over  the  door  leading  into  and 
connected  with  the  adjoining  room,  if  such 
adjoining  room  communicates  with  the  ex- 
ternal air,  and  also  a ventilating  or  transom 
window  of  the  same  opening  or  area,  com- 
municating with  the  entry  or  hall  of  the 
house,  or  where  this  is,  from  the  relative 
situation  of  • the  rooms,  impracticable,  such 
last  mentioned  ventilating  or  transom  window 
shall  communicate  with  an  adjoining  room 
that  itself  communicates  with  the  entry  or 
hall.  Every  such  house  or  building  shall 
have  in  the  roof,  at  the  top  of  the  hall,  an 
adequate  and  proper  ventilator,  of  a form 
approved  by  the  department  of  buildings. 

Water  closets,  privies  and  sinks. 

Sec.  1,308.  Every  tenement  and  lodging  house 
or  building  shall  be  provided  with  as  many  . 
good  and  sufficient  water  closets,  improved 
privy  sinks  or  other  similar  receptacles  as 
the  department  of  health  shall  require,  but 
in  no  case  shall  there  be  less  than  one  for 
every  fifteen  occupants.  The  water  closets, 
sinks  and  receptacles  shall  have  proper  doors, 
soil  pipes  and  traps,  all  of  which  shali  be 
properly  ventilated  to  prevent  the  escape  of 
deleterious  gas  and  odors,  soil  pans,  cisterns, 
pumps  and  other  suitable  works  and  fixtures 
necessary  to  insure  the  efficient  operation, 
cleansing  and  flushing  thereof.  Every  tene- 
ment or  lodging  house  situated  upon  a lot 
on  a street  or  avenue  in  which  there  is  a 
sewer  shall  have  a separate  and  proper, con- 
nection with  the  sewer;  and  the  water  closets. 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


129 


sinks  and  other  receptacles  shall  be  properly 
connected  with  the  sewer  by  proper  pipes 
made  thoroughly  air  tight.  Such  sewer,  con- 
nection and  all  the  drainage  and  plumbing 
work,  water  closets,  sinks  and  other  recep- 
tacles, in  and  for  every  tenement  and  lodging, 
house  shall  be  of  the  form,  construction  or 
arrangement,  location,  materials,  workman- 
ship and  description  as  may  be  required  by 
the  rules  and  regulations  of  the  department 
of  buildings  of  the  city  of  New  York.  Every 
owner,  lessee  and  occupant  shall  take  ade- 
quate measures  to  prevent  improper  sub- 
stances from  entering  such  water  closets  or 
sinks,  or  their  connection’s,  and  to  secure  the 
prompt  removal  of  any  improper  substances 
'that  may  enter  them,  so  that  no  accumu- 
lation shall  take  place,  and  so  as  to  prevent 
any  exhalations  therefrom,  offensive,  danger- 
ous and  prejudicial  to  life  or  health,  and  so 
as  to  prevent  the  same  from  being  or  be- 
coming obstructed.  Every  person  who  .ihall 
place  filth,  urine  or  fecal  matter  in  any  place 
in  a tenement  house  other  than  that  pro- 
vided for  the  same,  and  every  person  who 
shall  keep  filth,  urine  or  fecal  matter  in  his 
apartment  or  upon  his  premises  such  length 
of  time  as  to  create  a nuisance  shall  be 
guilty  of  a misdemeanor.  No  privy,  vault  or 
cesspool  shall  be  allowed  in,  under  or  con- 
nected with  any  such  house  except  when  it  is 
unavoidable,  and  a permit  therefor  shall  have 
been  granted  by  the  department  of  health, 
and  in  such  case  it  shail  be  constructed  in 
such  situation  and  in  such  manner  as  the 
department  of  buildings  may  direct.  It  shall 
in  all  cases  be  water  tight  and  arched  or  se- 
curely covered  over,  and  no  offensive''smell 
or  gases  shall  be  allowed  to  escape  there- 
from, or  from  any  closet,  sink  or  privy.  In 
all  cases  where  a sewer  exists  in  the  street 
or  avenue,  upon  which  the  house  or  building 
stands,  the  yard  or  area  shall  be  connected 
with  the  sewer,  so  that  all  water  from  the 
roof  or  otherwise,  and  all  liquid  filth  shall 
pass  freely  into  the  sewer.  Where  there  is  no' 
sewer  in  the  street  or  avenue,  or  adjacent 
thereto,  with  which  connection  can  be  mad§, 
the  yard  and  area  shall  be  so  graded  that  all 
water  from  the  roof  or  otherwise  and  all 
filth  shall  flow  freely  therefrom  into  the 
street  gutter  by  a passage  beneath  the  side- 
walk, which  passage  shall  be  covered  by  a 
permanent  cover,  so  arranged  as  to  permit 
access  to  remove  obstructions  or  impurities. 

Cellars  and  basements  of  tenement 
bonses  not  to  be  occupied  for  llv'ing- 
purposes,  except  in  certain  cases. 

Sec.  1,.?09.  It  shall  not  be  lawful,  without  a 
permit  from  the  department  of  buildings,  to 
construct,  during  the  erection  of  a tenement 
or  lodging  house,  nor  after  the  completion  of 
such  tenement  or  lodging  house,  any  room  or 
rooms  in  any  basement  or  cellar  to  be  occu- 
pied wholly  or  in  part  as  a dwelling,  nor  shall 
It  be  lawful  without  a permit  from  the  de- 
partment of  health  to  let,  occupy,  or  'suffer 
to  be  occupied  separately  as  a dwelling,  any 
vault,  cellar,  or  underground  room,  built  or 
rebuilt  after  July  first,  1867,  or  which  shall 
not  have  been  so  let  or  occupied  before  said 
date.  It  shall  not  be  lawful,  without  such 
permit,  to  let  or  continue  to  be  let,  or  to  oc- 
cupy or  suffer  to  be  occupied  separateiy  as  a 
dwelling,  any  vault,  cellar,  basement,  or 
room  wholly  or  in  part  under  ground,  unless 
the  same  be  in  every  part  thereof  at  least 
seven  feet  In  height,  measured  from  the  floor 
to  the  ceiling  thereof,  nor  unless  the  same  bo 
for  at  least  two  feet  of  its  height  above  the 
surface  of  the  street  or  ground  adjoining  or 
nearest  to  the  same,  nor  unless  there  be  out- 
side of  and  adjoining  the  said  vault,  cellar, 
room  or  basement,  and  extending  along  the 
entire  frontage  thereof,  and  upward  from  six 


inches  below  the  level  of  the  floor  thereof 
up  to  tho  surface  of  said  street  or  ground,  an 
open  space  of  at  least  two  feet  and  six  inches 
wide  in  every  part,  nor  unless  the  same  be 
well  and  effectually  drained  by  means  of  a 
drain,  the  uppermost  part  of  which  is  one  foot 
at  least  below  the  level  of  the  floor  of  such 
vault,  cellar  or  room,  nor  unless  there  is  a 
clear  space  of  not  less  than  one  foot  below  the 
level  of  the  floor,  except  where  the  same  is 
cemented,  nor  unless  there  be  appurtenant 
to  such  vault,  cellar  or  room,  the  use  of  a 
water  closet  or  privy  kept  and  provided  as  in 
this  title  required;  nor  unless  the  same  have 
an  external  window  opening  of  at  least  nine 
superficial  feet  clear  of  the  sash  frame,  in 
which  window  opening  there  shall  be  fitted 
a frame  filled  wilh  glazed  sashes,  at  least 
four  and  a half  superficial  feet  of  which  shall 
be  made  so  as  to  open  for  the  purpose  of  ven- 
tilation. In  the  case  of  an  inner  or  back 
vault,  cellar  or  room,  let  or  occupied  along 
with  a front  vault,  cellar  or  room,  as  part  of 
the  same  letting  or  occupation,  it  shall  be  a 
sufficient  compliance  with  the  provisions  of 
this  section  if  the  front  room  is  provided  with 
a window,  as  hereinbefore  provided,  and  if 
the  said  back  cellar  or  room  is  connected 
with  the  front  vault,  cellar  or  room,  by  a 
door,  and  also  by  a proper  ventilating  or 
transom . window,  and  where  practicable,  also 
connected  by  a proper  ventilating  or  transom 
window,  or  by  some  hall  or  passage  communi- 
cating with  the  external  air.  In  any  area  ad- 
joining a vault,  cellar,  underground  room  or 
basement,  there  may  be  steps  necessary  for 
access  to  such  vault,  cellar  or  room,  if  the 
same  be  so  placed  as  not  to  be  over,  across  or 
opposite  to  the  said  external  window,  and  so 
as  to  allow  between  every  part  of  such  steps 
and  the  external  wall  of  such  vault,  cellar  or 
rooms  a clear  space  of  six  inches  at  least,  and 
if  the  rise  of  said  steps  is  open;  and  provided 
further  that  over  or  across  any  such  area 
there  may  be  steps  necessary  for  access  to 
any  building  above  the  vault,  cellar  or  room 
to  which  such  area  adjoins,  if  the  same  be 
so  placed  as  not  to  be  over,  across  or  oppo- 
site to  any  such  external  window. 

Cellars  and  vaults  not  to  Ite  used  for 

sleeping-  rooms. 

Sec.  1,310.  No  vault,  cellar  or  underground 
room  shall  be  occupied  as  a place  of  lodging  or 
sleeping,  except  the  same  shall  be  approved, 
in  writing,  and  a permit  given  therefor  by  the 
board  of  health.  No  wall  paper  shall  be  placed 
upon  a.  wall  or  ceiling  of  any  tenement  or 
lodging  house,  unless  all  wall  paper  shall  be 
first  removed  therefrom,  and  said  wall  and 
ceiling  thoroughly  cleansed.  Every  tenement 
or  lodging  house,  and  every  part  thereof,  shall 
be  kept  clean  and  free  from  any  accumulations 
of  dirt,  filth,  garbage  or  other  matter  in  or  on 
the  same,  or  in  the  yard,  court,  passage,  area 
or  alley  connected  with  it,  or  belonging  to 
the  same.  The  owner  or  keeper  of  any  lodg- 
ing house,  and  the  owner  or  lessee  of  any  ten- 
ement house  or  part  thereof,  shall  thoroughly 
cleanse  all  the  rooms,  passages,  stairs,  floors, 
windows,  doors,  walls,  ceilings,  privies,  cess- 
pools and  drains  of  the  house  or  part  of  the 
house  of  which  he  is  the  owner  or  lessee,  to 
the  satisfaction  of  the  department  of  health, 
so  often  as  he  shall  be  required  by  or  in  ac- 
cordance with  any  order  of  the  board  of 
health  and  any  regulation  or  ordinance  of 
said  department,  and  shall  well  and  sufficient- 
ly, to  the  satisfaction  of  the  said  health  de- 
partment, whitewash  the  walls  and  ceilings 
thereof  once  at  least  in  every  year. 

Transoms,  -windows,  doors,  ete. 

Sec.  1.311.  All  transoms,  windows,  doors 
and  other  openings  leading  into  halls,  or  into 
rooms  opening  into  halls,  from  bakeries  or  I 


places  of  business,  in  which  fat  is  boiled  'm 
the  basements,  cellars  or  on  the  first  floors, 
of  all  tenement  houses  in  the  city  of  New 
York,  shall  be  solidly  closed  with  the  same  ma- 
terial as  the  walls  or  partitions  in  which  the 
openings  exist,  so  that  there  shall  be  no 
opening  between  said  bakeries,  or  other  places 
of  business  of  said  floor  in  which  fat  is  boiled, 
and  the  other  parts  of  the  tenement  house  in 
which  the  same  shall  be  situated.  All  tran- 
soms and  windows  opening  into  halls  from  any 
portion  of  said  floor  of  any  tenement  house 
where  paint,  oils,  spirituous  liquors  or  drugs 
are  stored,  or  kept  for  the  purpose  of  sale,  or 
otherwise,  shall  be  glazed  with  wire  glass,  or 
they  shall  be  removed  and  closed  up  as  solidly 
as  the  rest  of  the  wall;  and  all  doors  leading 
into  such  hall,  or  room  from  such  portion  of 
said  floor,  of  said  tenement  house  used  as 
aforesaid,  shall  be  made  fireproof. 

Certain  ocoupatioiis  ami  liiiKine.sN  pro- 

liibited  in  tenement  liouses. 

Sec.  1,312.  Every  tenement  or  lodging  house 
shall  have  the  proper  and  suitable  conveni- 
ences or  receptacles  for  receiving  garbage  and 
other  refuse  matters.  No  tenement  or  lodg- 
ing house  or  premises,  nor  any  portion  thereof, 
shall  be  used  as  a place  of  storage  for  any 
combustible  article,  or  any  article  dangerous 
to  life  or  detrimental  to  health;  nor  shall  any 
horse,  cow,  calf,  swine,  pig,  sheep,  or  goat 
be  kept  in  said  house  or  on  the  premises 
thereof.  No  bakery  or  place  of  business  in 
which  fat  is  boiied  shall  be  maintained  in  any 
tenement  house  which  is  not  fireproof, 
or  where  the  ceiling  and  side  walls  of 
place  where  said  fat  boiling  is  done 
are  not  made  safe  by  fireproof  material 
around  the  same,  except  by  permit  of  and  un- 
der such  conditions  as  may  be  prescribed  by 
the  fire  department;  no  part  of  any  tenement 
house  shall  be  used  for  the  storage  of  feed,  hay 
or  straw,  except  by  permit  of  and  under  such 
conditions  as  may  be  prescribed  by  the  fire 
department. 

Tenement.s.  eto.,  to  l»e  cleansed;  own- 
ers’ names  to  be  resistered  in  depart- 
ment of  bealtb. 

Sec.  1,313.  Every  owner  of  a tenement  or 
lodging  house,  and  every  person  having  con- 
trol of  a tenement  or  lodging  house,  shall  file 
in  the  department  of  health,  a notice  contain- 
ing his  name  and  address,  and  also  a descrip- 
tion of  the  property,  by  street  number  or 
otherwise,  as  the  case  may  be,  in  such  manner 
as  will  enable  the  department  of  health  easily 
to  find  the  same;  and  also  the  number  of 
apartments  in  each  house,  the  number  of  rooms 
in  each  apartment,  the  number  of  families 
occupying  the  apartments,  and  the  trades  or 
occupations  carried  on  therein.  In  case  of  a 
transfer  of  any  tenement  house,  or  lodging 
house,  it  shall  be  the  duty  of  the  grantor  and 
grantee  of  said  tenement  or  lodging  house  to 
file  in  the  department  of  health  a notice  of 
such  transfer,  stating  the  name  of  the  new 
owner,  within  thirty  days  after  such  transfer. 
In  case  of  the  devolution  of  said  property  by 
will,  it  shall  be  the  duty  of  the  executors 
and  of  the  devisee.  If  more  than  twenty-one 
years  of  age,  and  in  case  of  the  devo- 
lution of  such  property  by  inheritance  with- 
out a will,  it  shall  be  the  duty  of  the  heirs,  or 
in  case  all  of  the  heirs  are  under  age,  it  shall 
be  the  duty  of  the  guardians  of  such  heirs, 
and  in  case  said  heirs  have  no  guardians,  it 
shall  be  the  duty  of  the  administrator  of  the 
deceased  owner  of  said  property  to  file  in 
said  department,  a notice,  stating  the  death  of 
the  deceased  owner,  and  the  names  of  those 
who  have  succeeded  to  his  interest  in  said 
property,  within  thirty  days  after  the  death 
of  said  decedent,  in  case  he  died  intesta-te, 
and  within  thirty  days  after  the  probate  of 
his  will,  if  he  died  testate.  A failure  to  fila 


1^0  THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


such  notice  shall  make  said  property,  and 
the  owners  thereof,  liable  to  a penalty  of  not 
less  than  ten  dollars  nor  more  thaji  fifty 
dollars.  Said  penalty  may  be  recovered  in 
an  action  brought  by  the  beaith  department 
as  provided  in  this  act.  Every  person  claim- 
ing to  have  an  interest  in  any  tenement  or 
lodging  house  may  file  his  name  and  address 
In  the  department  of  health.  All  notices  and 
orders  of  the  department  of  health  required 
by  law  to  be  served  in  relajtion  to  a tenement 
or  lodging  house,  shall  be  served  by  posting 
in  some  conspicuous  place  in  the  house,  a 
copy  of  the  notice  or  order,  five  days  before 
the  time  for  doing  the  thing,  in  relation  to 
which  said  notice  or  order  was  issued.  The 
posting  of  a copy  of  an  order  or  notice,  in 
accordance  with  this  section,  shall  be  suffi- 
cient service  upon  the  owmer  of  the  property 
affected.  It  shall  be  the  duty  of  the  depart- 
ment of  health  to  cause  a copy  of  every  such 
notice  or  order  to  be  mailed,  on  the  same 
day  that  it  is  posted  in  the  house,  addressed 
to  the  name  and  address  of  each  person  who 
has  filed  with  the  department  of  health  the 
notice  provided  for  in  this  section. 

Inspection  twice  a year;  olilccrs  to 

have  access. 

Sec.  1,314.  It  shall  be  the  duty  of  the  hoard 
of  health  to  cause  a careful  inspection  to  be 
made  of  every  tenement  and  lodging  house 
at  least  twice  in  each  year.  And  whenever 
the  board  of  health  has  made  any  order  con- 
cerning a tenement  or  lodging  house,  it  shall 
cause  a reinspection  to  be  made  of  the  same 
within  six  days  after  it  has  been  informed 
that  the  order  has  been  served.  The  keeper 
of  any  lodging  house,  and  the  owner,  agent 
of  the  owner,  lessee  or  occupant  of  any  tene- 
ment house,  and  every  other  person  having 
the  care  and  management  thereof,  shall,  at  all 
times,  when  required  by  any  officer  of  the  de- 
partment of  health,  or  by  any  officer  upon 
whom  a^y  duty  is  conferred  by  this  title,  give 
him  free  access  to  such  house,  and  to  every 
part  thereof.  The  owner  or  keeper  of  any 
lodging  house,  and  the  owner,  agent  of  the 
owner,  and  the  lessee  of  any  tenement  house 
or  part  thereof,  shall,  whenever  any  person 
in  such  house  is  sick  of  fever,  or  of  any  infec- 
tious, pestilential  or  contagious  disease,  and 
information  thereof  has  been  given  to  such 
owner,keeper,agent  or  lessee,  give  immediate 
notice  thereof  to  the  board  ofhealth.or to  some 
officer  of  the  same,  and  thereupon  said  board 
shall  cause  the  same  to  be  immediately 
cleansed  or  disinfected,  at  the  expense  of  the 
owmer,  m such  manner  as  it  may  deem  neces- 
sary and  effectual,  and  it  may  also  cause 
the  blankets,  bedding  and  bed  clothes  used  by 
any  such  sick  person  to  be  thoroughly 
cleansed,  scoured  and  fumigated,  or,  in  ex- 
treme cases,  to  be  destroyed. 

Infected  and  nninlinliitnble  houses  to 

be  condemned  by  board  of  health. 

Sec.  1,31.5.  Whenever  it  shall  be  certified  to 
the  board  of  health  of  the  city  of  New  York 
by  the  sanitarj'  superintendent,  or  an  assis- 
tant sanitary  superintendent,  that  any  build- 
ing or  any  part  thereof  in  the  city  of  New 
York  is  infected  with  contagious  disease,  or 
by  reason  of  want  of  repair  has  become  dan- 
gerous to  life,  or  is  unfit  tor  human  habita- 
tion because  of  defects  in  drainage,  plumbing, 
ventilation,  or  the  construction  of  the  same, 
or  because  of  the  existence  of  a nuisance  on 
the  premises,  which  is  likely  to  cause 
sickness  among  its  occupants,  the  said  board 
of  health  may  issue  an  order  requiring  all 
persons  therein  to  vacate  such  building  or 
part  thereof  for  the  reasons  to  be  stated  there- 
in as  aforesaid.  Said  board  shall  cause  said 
order  to  be  affixed  conspicuously  in  the  build- 
log  or  part  thereof  and  to  be  personally 


served  on  the  owner,  lessee,  agent,  occupant, 
or  any  person  having  the  charge  or  care  there- 
of; it  the  owner,  lessee  or  agent  cannot  be 
found  in  the  city  of  New  York  or  do  not  re- 
side therein,  or  evades  or  resists  service,  then 
said  order  may  be  served  by  depositing  a 
copy  thereof  in  the  post  office  in  the  city  of 
New  York,  properly  inclosed  and  addressed 
to  such  owner,  lessee  o-r  agent  at  his  last 
known  place  of  business  and  residence,  and 
prepaying  the  postage  thereon;  such  building 
or  part  thereof  shall,  within  ten  days  after 
said  order  shall  have  been  posted  and  mailed 
as  aforesaid,  or  within  such  shorter  time,  not 
less  than  twenty-four  hours,  as  in  said  order 
may  be  specified,  be  vacated,  but  said  board 
of  health  whenever  it  shall  become  satisfied 
that  the  danger  from  said  building  or  part 
thereof  has  ceased  to  exist  or  that  said  build- 
ing has  been  repaired  so  as  to  be  habitable, 
may  revo-ke  said  order. 

Proceedings  for  condemnation  pre- 
scribed. 

Sec.  1,316.  Whenever,  in  the  opinion  of  the 
board  of  health  of  the  city  of  New  York,  any 
building  or  part  thereof  in  the  city  of  New 
York,  an  order  to  vacate  which  has  been  made 
by  said  department,  is,  by  reason  of  age,  de- 
fects in  drainage,  plumbing,  infection  v/ith 
contagious  disease,  or  ventilation,  or  because 
of  the  existence  of  a nuisance  on  the  premises, 
which  is  likely  to  cause  sickness  among  its 
occupants,  or  among  the  occupants  of  other 
property  in  the  city  of  New  York,  or  because 
it  stops  ventilation  in  other  buildings,  or 
otherwise  makes  or  conduces  to  make  other 
buildings  adjacent  to  the  same  unfit  for 
human  habitation,  or  dangerous  or  injurious 
to  health,  or  because  it  prevents  proper  meas- 
ures from  being  carried  into  effect  for  remedy- 
ing any  nuisance  injurious  to  health,  or  be- 
cause of  other  sanitary  evils  in  respect  of 
such  other  buildings,  so  unfit  for  human  habi- 
tation that  the  evils  in,  or  caused  by  said 
building,  cannot  be  remedied  by  repairs,  or 
in  any  other  way  except  by  the  destruction 
of  said  building,  or  of  a portion  of  the  same, 
said  board  of  health  may  If  it  deem  such 
course  just  and  proper,  condemn  the  same  and 
order  it  removed;  provided,  however,  that  the 
owner  or  owners  of  said  building  may  demand 
a survey  of  said  building  in  the  manner  pro- 
vided for  in  case  of  unsafe  buildings,  and 
may  institute  proceedings  in  the  supreme 
court  in  the  city  of  New  York  for  the 
condemnation  of  said  building.  Said  proceed- 
ing shall  be  instituted  through  a petition  ad- 
dressed to  said  court  containing  a brief  state- 
ment of  the  reasons  therefor,  and  shall  not 
be  required  to  contain  further  allegations  of 
facts  than  those  which  have  actuated  the 
board  of  health  in  this  proceeding,  which  shall 
then  be  carried  on  in  the  manner  prescribed 
by  chapter  21  of  this  act.  The  own- 

er of  said  building,  or  any  person  in- 
terested therein  may,  in  his  answer, 
dispute  the  necessity  of  the  destruction 


caae  may  be.  In  such  case,  the  court  shall 
not  appoint  commissioners  unless  proof  is 
made  of  the  necessity  of  such  destruction.  In 
such  proceeding  evidence  shall  be  receivable 
by  the  commissioners  to  prove: 

1.  That  the  rental  of  the  building  was  en- 
hanced by  reason  of  the  same  being  used  for 
illegal  purposes,  or  being  so  overcrowded  as 
to  be  dangerous  or  injurious  to  the  health 
of  the  inmates;  or 

2.  That  the  building  is  in  a state  of  defect- 
ive sanitation,  or  is  not  in  reasonably  good 
repair;  or 

3.  That  the  building  is  unfit  and  not  rea- 
sonably capable  of  being  made  fit  for  human 
habitation;  and,  if  the  commissioners  are  sat- 


isfied by  such  evidence,  then  the  compensa- 
tion— 

(a) .  Shall  in  the  first  case,  so  far  as  Is 
based  on  rental,  be  on  the  rental  of  the  build- 
ing, as  distinct  from  the  ground  rent,  which 
would  have  been  obtainable  if  the  building 
was  occupied  for  legal  purposes,  and  only  by 
the  number  of  persons  whom  the  building  was 
under  all  the  circumstances  of  the  case  fitted 
to  accommodate  without  such  overcrowding 
as  is  dangerous  or  Injurious  to  the  health  of 
the  inmates;  and 

(b) .  Shall  in  the  second  case  be  the  amount 
estimated  as  tne  value  of  the  building  if  it 
had  been  put  into  a sanitary  condition,  or 
into  reasonably  good  repair,  after  deducting 
the  estimated  expense  of  putting  it  into  such 
condition  or  repair;  and 

(c) .  Shall  in  the  third  case  be  the  value 
of  the  materials  of  the  building. 

For  the  payment  of  all  awards  and  the  ex- 
penses of  all  such  proceedings,  the  controller 
shall  issue  and  sell  from  time  to  time  as  may 
be  necessary,  and  in  the  manner  hereinbefore 
provided,  corporate  stock  of  the  city  of  New 
York. 

Honses  liereafter  erected  to  comply 
with  additional  requirements. 

Sec.  1,317.  No  house  hereafter  erected  shall 
be  used  as  a tenement  house  or  lodging  house, 
and  no  house  heretofore  erected  and  not 
now  used  for  such  purpose,  shall  be  con- 
verted into,  used  or  leased  for  a tenement  or 
lodging  house,  unless,  in  addition  to  the  re- 
quirements hereinbefore  contained,  it  con- 
forms CO  requirements  contained  in  the  fol- 
lowing sections  of  this  title. 

Construction  of  tenement  honses  and 
space  i»rescrlbed  for  bnilding;  the 
same. 

Sec.  1,318.  It  shall  not  be  lawful,  without  a 
permit  from  the  department  of  buildings,  to 
alter,  erect  or  convert  to  the  purposes  of  a 
tenement  or  lodging  house,  a building  on  any 
lot  where  there  is  another  building  on  the 
same  lot;  nor  shall  it  be  lawful  to  build 
or  to  erect  any  building  on  any  lot  whereon 
there  is  already  a tenement  or  lodging  house, 
unless  there  is  a clear  open  space  exclusively 
belonging  thereto,  and  extending  upward 
from  the  ground  of  at  least  ten  feet  between 
said  buildings  if  they  are  one  story  high 
above  the  level  of  the  ground;  if  they  are 
two  stories  high  the  distance  between  them 
shall  not  be  less  than  fifteen  feet;  if  they 
are  three  stories  high  the  distance  then  shall 
not  be  less  than  twenty  feet;  if  they  are 
more  than  three  stories  high  the  distance 
between  them  shall  not  be  less  than  twenty- 
five  feet,  but  when  thorough  ventilation  of 
such  open  spaces  can  be  otherwise  secured, 
such  distances  may  be  lessened  or  modified 
in  special  cases  by  a permit  from  the  depart- 
ment of  buildings.  At  the  rear  of  every  build- 
ing hereafter  erected  for  or  converted  to  the 
purposes  of  a tenement  or  lodging  house  on 
any  lot,  there  shall  be  and  remain  a clear 
open  space  of  not  less  than  ten  feet  between 
it  and  the  rear  end  of  the  lot.  No  one  con- 
tinuous building  hereafter  constructed  shall 
be  built  or  converted  to  the  purposes  of  a 
tenement  or  lodging  house  in  the  city  of 
New  York,  upon  an  ordinary  city  lot,  and 
no  existing  tenement  or  lodging  house  -hall 
be  enlarged  or  altered,  or  Its  lot  be  dimin- 
ished. so  that  it  shall  occupy  more  than 
65  per  centum  of  the  area  of  said  lot,  but  where 
the  light  and  ventilation  of  such  tenement  or 
lodging  house,  ai-e,  in  the  opinion  of  the 
superintendent  of  buildings,  materially  im- 
proved, he  may  permit  such  tenement  or  lodg- 
ing house  to  occupy  an  area  not  exceeding 
seventy-five  per  centum  of  the  said  lot,  and 
! in  the  same  proportion  if  the  lot  be  greater 
I or  less  in  size  than  twenty-five  by  one  hun- 
I dred  feet;  but  this  provision  shall  not  apply 


THE  CHARTER  OF  THE  CITY  OP  NEW  YQRK. 


to  corner  lots,  in  -which,  however,  no  such 
building  hereafter  constructed,  above  the  first 
story,  shall  occupy  more  than  ninety-two  per 
centum  of  the  area  of  a lot,  and  no  such 
building  shall  come  within  five  feet  of  the 
rear  of  said  lot,  provided,  further,  that  in 
all  cases,  both  for  corner  and  interior  lots, 
the  interior  courts  or  shafts  shall  not  be  less 
than  two  feet  four  inches  wide  at  their  nar- 
rowest parts.  In  computing  the  amount  of 
the  lot  covered  by  a building,  any  shaft  or 
court  of  less  than  twenty-five  square  feet 
in  area  shall  be  considered  as  part  of  the 
building  and  not  as  part  of  the  free  air 
space.  No  shaft  or  court,  over  ten  square 
feet  in  area,  hereafter  constructed  in  a tene- 
ment house  or  lodging  house,  except  elevator 
shafts  or  staircase  wells,  shall  be  covered 
with  a roof,  skylight  or  otherwise.  In  all 
tenement  houses  hereafter  constructed  or 
buildings  hereafter  converted  to  the  purposes 
of  a tenement  house,  the  stairway  communi- 
cating between  said  cellar  or  basement  and 
the  floor  next  above,  when  placed  within  any 
such  building,  shall  be  inclosed  with  brick 
walls,  and  such  stairway  shall  be  provided 
with  fire  proof  doors  at  the  top  and  bottom 
of  said  flight  of  stairs.  An  open  area,  shall 
be  constructed  from  the  level  of  the  cellar 
to  the  sidewalk  in  front  and  extending  the 
full  width  of  such  houses,  with  a staircase 
to  give  access  to  the  cellar  from  the  street'. 
“UTiere  stores  are  located  on  the  first  floor  the 
area  may  be  covered  with  suitable  vault  lights 
or  gratings.  In  all  tenement  houses  hereafter 
constructed,  or  buildings  hereafter  converted 
to  the  purposes  of  a tenement  house,  the 
openings  to  the  elevators  or  lifts  in  the  cellar, 
and  at  every  opening,  on  every  story,  shall  be 
provided  with  self  closing  fireproof  doors. 
This  provision,  however,  shall  not  apply  to 
such  elevators  in  tenement  houses  as  are 
operated  by  a conductor  stationed  with- 
in the  car;  but  if  such  elevators  run 
to  the  cellar,  they  must  be  inclosed  in 
the  cellar  with  fireproof  walls,  and  the  door  to 
the  cellar,  if  any,  must  he  flreproo'f  and  self 
elcsing.  In  all  tenement  house>s  hereafter 
constructed,  or  buildings  hereafter  convert- 
ed to  the  purposes  of  a tenement  house,  all 
staircases  shall  be  flreproo'f;  but  this  provis- 
ion as  to  staircases  shall  not  apply  to' build- 
ings'' which  are  not  over  five  stories  high 
above  the  cellar,  and  which  contain  not  more 
than  three  suites  of  rooms  cn  a floor.  Every 
tenement  house  hereafter  constructed,  or 
buildings  hereafter  converted  to  the  purpose 
of  a tenement  house,  exceeding  three  stories 
in  height,  or  having  a basement  with  three 
stories  above  the  cellar,  shall  have  the  en- 
trance hall  and  entire  stairwell  and  stairs, 
built  of  slow  burning  construction  or  fire- 
proof material;  no  wainscoting  shall  be  al- 
lowed in  the  main  halls  except  of  cement, 
or  other  fireproof  material;  at  least  one  flight 
of  such  stairs  shall  extend  to  the  roof,  and 
be  inclosed  in  a bulkhead  building  of  fire- 
proof material.  In  all  tenement  houses  here- 
after constructed,  and  buildings  hereafter 
converted  to  the  purposes  of  a tenement 
house,  each  room  must  have  a separate  win- 
dow opening  into  the  outer  air;  each  water 
closet  must  have  a window  opening  into  the 
outer  air,  and  such  water  clcset  inclosare  if 
provided  with  a ventilating  flue  or  duct,  may 
have  the  window  opening  on  any  court  or 
shaft  containing  at  least  twenty-five  square 
feet  in  area;  the  floor  of  each  water  closet 
must  be  made  waterproof  with  asphalt,  ce- 
ment. tile,  metal  or  some  other  waterproof 
material;  and  such  waterproofing  must  ex- 
tend at  least  sixteen  inches  above  the  floor 
except  at  the  door  opening  so  that  said  flo'or 
can  be  washed  or  flushed  out  without  leak- 
ing. The  light  and  ventiiation  of  all  build- 
ings hereafter  erected  for,  or  converted  to 


the  purpose  of  tenement  or  lodging  houses, 
must  be  provided  In  accordance  with  the  re- 
quirements of  this  title,  and  the  conditions 
of  a plan  and  permit  previously  approved  in 
writing  by  the  department  of  buildings,  and 
no  existing  tenement  or  lodging  house  shall 
be  enlarged  or  altered  or  its  lot  diminished 
without  a similar  permit.  The  department  of 
buildings  is  hereby  empoiwered,  and  directed 
to  make  rules  and  regulations  not  incoinsist- 
ent  with  the  requirements  of  this  title,  and 
which  in  addition  to  the  requirements 
of  this  title,  .shall  be  the  con- 

ditions of  approval  of  the  plans  and 
permits;  these  lules  and  regulations  shall  gov- 
ern the  arrangement  and  distribution  of  the 
uncovered  area,  size,  lighting,  location  and 
arrangement  of  shafts,  rooms,  cellars  and 
halls.  No  building  or  premises  occupied  for 
a tenement  house  shall  be  used  for  a lodging 
house,  private  school,  stable  or  for  the  storage 
and  handling  of  rags,  but  the  department  of 
health  may,  by  a special  permit,  fixing  the 
conditions  thereof  in  writing,  and  providing 
there  be  the  necessary  cubic  air  space  and 
ventilation,  allow  the  maintenance  of  a pri- 
vate school  in  such  a house.  In  case  of  any 
violation  of  the  provisions  of  this  section,  or 
of  any  failure  to  comply  with,  or  of  any  vio- 
lation of  the  terms  and  conditions  of  the 
plan  for  such  tenement  or  lodging  house  ap- 
proved by  the  department  of  buildings  or  of 
the  conditions  of  the  permits  granted  as  here- 
inbefore provided,  or  for  the  air,  light  and 
ventilation  of  the  said  house  or  premises,  any 
court  of  record,  or  any  judge  or  justice  there- 
of shall  have  power,  at  any  time  after  service 
of  notice  of  violation,  or  of  non  compliance, 
upon  the  owner,  builder  or  other  person  sup- 
erintending the  building  or  converting  any 
such  house,  upon  proof  by  affidavit  of  any 
violation  or  non  compliance  as  aforesaid,  or 
that  a plan  for  light  and  ventilation  of  such 
house  has  not  been  approved  by  the  depart- 
ment of  buildings,  to  restrain  by  injunction 
order,  in  any  action  by  the  department  of 
buildings  or  by  the  board  of  health,  the  fur- 
ther progress  of  any  violation  as  aforesaid. 
No  undertaking  shall  be  required  as  a condi- 
tion of  granting  an  injunction  or  by  reason 
thereof. 

Dimensions  and  ventilation  of  rooms. 

Sec.  1,319.  In  every  such  house  hereafter 
erected  or  converted  every  habitable  room,  ex- 
cept rooms  in  the  attic,  shall  be  in  every  part 
not  less  than  eight  feet  in  height  from  the 
floor  to  the  celling;  and  every  habitable  room 
in  the  attic  of  any  such  building  shall  be  at 
least  eight  feet  in  height  from  the  floor  to  the 
ceiling,  throughout  not  less  than  one-half  the 
area  of  such  room.  Every  such  room  shall 
have  at  least  one  window  connecting  with  the 
external  air,  or  over  the  door  a ventilator  of 
perfect  construction,  connecting  it  with  a 
room  or  hall  which  has  a connection  with 
the  external  air  and  so  arranged  as  to  pro- 
duce a cross  current  of  air.  The  total  area 
of  window  or  windows  in  every  room  com- 
municating with  the  external  air  shall  be  at 
least  one-tenth  of  the  superficial  area  of  every 
such  room;  and  the  top  of  one,  at  least,  of 
such  windows  shall  not  be  less  than  seven 
feet  six  inches  above  the  floor,  and  the  upper 
half,  at  least,  shall  be  made  so  as  to  opem 
the  full  width.  Every  habitable  room  of  a 
less  area  than  one  hundred  superficial  feet, 
if  It  does  not  ccmmunicate  directly  with  the 
external  air,  and  is  without  an  open  fire  place 
shall  be  provided  with  special  means  of  venti- 
lation, by  a separate  air  shaft  extending  to 
the  roof,  or  otherwise,  as  the  board  of  health 
may  prescribe. 

Chimneys,  a.sh  x-eceptacles,  water,  cel- 
lar floor,  ceilings  and  sun  in  tene- 
ment houses. 

Sec.  1,320.  Every  such  bouse  erected  after 


1.11 


May  fourteenth,  eighteen  hundred  and  slxty- 
seVen,  or  converted,  shall  have  an  adequate 
chimney  for  a stove,  properly  connected  with 
one  of  said  chimneys  for  every  family  set  of 
apartments.  It  shall  have  proper  conven- 
iences and  receptacles  for  ashes  and  rubbish. 
It  shall  have  water  furnished  in  sufficient 
quantity  at  one  o<r  more  places  on  each  floor, 
occupied  or  intended  to  be  occupied  by  one  or 
more  families;  and  all  tenement  houses  shall 
be  provided  with  a like  supply  of  water  by 
the  owners  thereof,  whenever  they  shall  be 
directed  so  to  do  by  the  board  of  health.  But 
a failure  in  the  general  supply  of  water  by 
the  city  authorities,  shall  not  be  construed 
to  be  a failure  on  the  part  of  such  owner,  pro- 
vided that  proper  and  suitable  appliances  to 
receive  and  distribute  such  water  are  placed 
in  said  house.  The  Vward  of  health  shall  re- 
quire all  tenement  l.ouses  to  be  so  supplied. 
Every  tenement  house  shall  have  the  floor  of 
the  cellar  made  water  tight;  and  the  ceiling 
plastered,  and  when  the  house  is  located  over 
filled  in  ground,  or  over  marshy  ground,  or 
ground  on  which  water  lies,  the  cellar  floor 
shall  be  covered  so  as  to  effectually  prevent 
evaporation  or  dampness.  It  shall  be  the  duty 
of  the  department  of  health  to  see  that  the 
cellars  of  all  tenement  houses  are  so  made  or 
altered  as  to  comply  w'ith  this  section. 
Every  such  house  erected  after  May  seventh, 
eighteen  hundred  and  eigh'ty-seven,  or  con- 
verted, shall  have  the  halls  on  each  floor 
open  directly  to  the  external  air,  with  suita- 
ble windows,  and  shall  have  no  room  or  other 
obstruction  at  the  end,  unless  sufficient  light 
or  -ventilation  is  otherwise  provided  for  in 
said  halls,  in  a manner  approved  by  the  de- 
partment of  buildings.  The  owner  or  lessee 
of  every  tenement  or  lodging  house  in  the  city 
of  New  York  shall  keep  a light  burning  in 
the  hallway  upon  each  floor  of  said  house 
from  sunset  until  10  P.  M.  throughout  the 
year.  In  every  tenement  house  in  the  said 
city  in  which  there  is  a hallway  or  hallways 
with  no  windows  opening  from  such  hallway 
outside  of  said  house,  a light  shall  be  main- 
tained by  said  owner  or  lessee  in  each  such 
hallway,  between  the  hours  of  8 A.  M.  and  10 
P.  M.,of  each,  day,  unless  said,  hallway  .shall 
be  otherwise  sufficiently  lighted.  The,  fire  de- 
partment of  the  city  of  New  York  is  hereby 
vested  with  authority  to  prescribe  reasonable 
regulations  concerning  such  precautions  as 
may  be  necessary  to  prevent  danger  from  fire 
arising  from  such  lights. 

Ovepci'owrtins'  of  tenement  lionses  pro- 
Iiibitecl;  Jiouselceeper  In  same  re- 
anlrfed. 

Sec.  1,321.  'Whenever  it  shall  be  certified  to 
the  department  of  health  by  the  sanitary  super- 
intendent or  an  assistant  sanitary  super- 
intendent that  any  tenement  house  or  roorn 
therein,  being  without  sufficient  ventilation,  is 
so  overcrowded  that  there  shall  be  afforded  less 
than  four  hundred  cubic  feet  of  air  to  each 
adult,  and  two  hundred  cubic  feet  of  air  to  each 
child  under  twelve  years  of  age  occupying  such 
building  or  room,  the  said  department  shall 
issue  an  order  requiring  the  number  of  occu- 
pants of  such  building,  or  room,  to  be  re- 
duced in  accordance  with  this  provision. 
W^henever  there  shall  be  more  thau  eight  fam- 
ilies living  in  any  tenement  house,  in  which 
the  owner  thereof  does  not  reside,  there  shall 
be  a janitor,  housekeeper  or  some  other  re- 
sponsible person,  who  shall  reside  in  the  said 
house,  and  have  charge  of  the  same,  if  the 
department  of  health  shall  so  require.  Per- 
mits may  be  granted  by  the  board  of  health 
to  the  ow'ners  of  lodging  houses  on  com- 
pliance with  the  rules  and  regulations  of  the 
sanitary  code  in  the  city  of  New  York,  and 


132 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


the  conditions  of  each  permit  which  shall  be 
in  writing. 

Penalties  for  T-iolntions  of  provisions 
ooneerning-  tenement  lionses. 

Sec.  1,322.  Every  owner  or  other  person  vio- 
lating any  provision  of  this  title  shall  be  guilty 
of  a misdemeanor,  punishable  by  a fine  of  not 
less  than  $10  or  more  than  $100,  or  by  impris- 
onment for  not  more  than  ten  days  for  each 
and  every  day  that  such  violation  shall  con- 
tinue, or  by  both  such  fine  and  imprisonment. 
In  the  discretion  of  the  court.  He  shall  also 
be  liable  to  pay  a penalty  of  $10  for  each  day 
that  such  offense  shall  continue.  .Such  penal- 
ty may  be  sued  for  and  recovered  by  the  de- 
partment of  health  in  any  civil  tribunal  of 
said  city,  and  when  recovered  shall  be  paid 
over  to  the  chamberlain.  In  every  proceeding 
for  a violation  of  this  title,  and  in  every  such 
action  for  a penalty,  it  shall  be  the  duty  of 
the  owner  of  the  house  to  prove  the  date  of 
Its  erection,  or  conversion  to  its  existing  use, 
If  that  fact  shall  become  material,  and  the 
owner  shall  be,  prima  facie,  the  person  liable 
to  pay  such  penalty,  and  after  him  the  person 
■who  is  the  lessee  of  the  whole  house,  in  pref- 
erence to  the  tenant  or  lessee  of  a part  there- 
of. In  any  such  action  the  owner,  lessee  and 
occupant,  or  any  two  of  them,  may  be  made 
defendants,  and  judgment  may  be  given 
against  the  one  or  more  shown  to  be  liable, 
as  if  he  or  they  were  sole  defendant  or  de- 
fendants. No  part  of  chapter  275  of  the  laws 
of  1892,  or  of  any  other  act  shall  be  so  con- 
strued as  to  abrogate  or  impair  the  power  of 
the  department  of  health  to  sue  for  and  re- 
cover such  apenalty  whether  the  liability  to  pay 
said  penalty  shall  arise  from  a violation  of 
the  laws,  or  ordinances  or  sections  of  the 
sanitary  code,  in  regard  to  light,  ventilation, 
plumbing  and  drainage,  so  far  as  the  same  af- 
fects the  sanitary  condition  of  the  premises; 
and  except  that  the  department  of  buildings 
of  the  city  of  New  York  shall  have  jurisdiction 
and  cognizance  over  all  matters  and  things  in 
this  title  contained  which  relate  to  the  con- 
struction or  alteration  of  buildings  or  struc- 
tures, or  any  part  thereof,  and  as  to  the  light, 
ventilation,  drainage  and  plumbing  of  such 
buildings  when  in  process  of  construction  or 
alteration.  Any  penalty  herein  above  men- 
tioned for  a violation  of  the  provisions  of  this 
title,  in  respect  to  the  matter  aforesaid,  with- 
in the  jurisdiciion  and  cognizance  of  the  de- 
partment of  buildings,  shall  be  sued  for  and 
recovered  in  the  same  manner  as  the  viola- 
tions of  the  building  laws  of  the  city  of  New 
York  are  now  sued  for  and  recovered  by  the 
department  of  buildings  in  the  city  of  New 
York,  and  said  penalty,  so  collected,  shall  be 
paid  to  the  chamberlain  of  the  city  of  New 
York  to  be  applied  as  other  penalties  collected 
by  said  departments  are  applied. 

Po'^ver  of  department  of  Itnilding's  and 

of  board  of  healtli  to  make  otlier  res- 

nlations  relative  to  tenement  or 

lodging  lionses. 

Sec.  1,323.  The  department  of  buildings  shall 
have  authority  to  make  Oither  reguiations  as 
to  light  and  ventilation  of  all  new  tenement 
or  lodging  houses  consistent  with  the  fore- 
going, when  it  shall  be  satisfied  that  such  reg- 
ulations wiil  secure  equally  well  the  health 
and  safety  of  the  occup'nts;  likewise  the 
board  of  health  shall  have  authority  to  make 
other  regulations  as  to  cellars  and  as  to  venti- 
lation in  completed  buildings,  consistent  with 
the  foregoing,  where  it  shall  be  satisfied  that 
such  regulations  -n'ill  secure  equally  well  the 
health  of  the  occupants.  The  board  of  health 
shall  have  power  to  appoint  all  the  officers  and 
agents  of  the  department  of  health,  of  what- 
ever name  or  character  soever,  and  shall  have 
exclusive  charge  and  control  of,  and  the  exer- 


cise of,  all  the  rights,  powers,  duties  and  priv- 
ileges of  said  department,  and  for  this  pur- 
pose the  terms  “board  of  health”  and  “depart- 
ment of  health,”  as  used  in  this  chapter,  shall 
be  deemed  synonymous. 

Sanitary  company  of  police. 

Sec.  1,324.  The  board  of  health  shall  make 
requisition  upon  the  police  board  for  the  de- 
tail of  at  least  fifty  and  not  more  than 
one  hundred  suitable  officers  and  men  of  at 
least  five  years’  service  in  the  police  force, 
who  shall  be  selected  for  their  peculiar  fit- 
ness, for  the  enforcement  of  the  provisions 
of  the  sanitary  code  and  the  acts  relating 
to  tenement  and  lodging  houses.  These  of- 
ficers and  men  shall  be  detailed  to  such  service 
by  the  police  board,  and  the  department  of 
health  shall  pay  to  the  police  department 
monthly,  the  amount  of  the  pay  of  the  officers 
and  men  so  detailed,  who  shall  belong  to  t^he 
sanitary  company  of  the  police  and  shall  re- 
port to  the  board  of  health.  At  least  thirty  of 
the  officers  and  men  so  detailed  shall  be  em- 
ployed exclusively  in  the  enforcement  of  the 
laws  relating  to  tenement  and  lodging  houses. 
The  board  of  health  may  report  back  to  the  po- 
lice board  for  punishment,  any  member  of  said 
company  guilty  of  any  breach  of  orders  or 
discipline,  or  of  neglecting  his  duty,  and  there- 
upon the  police  board  shall  detail  another 
officer  or  man  in  his  place,  and  the  discipline 
of  the  said  members  of  the  sanitary  company 
shall  be  in  the  jurisdiction  of  the  police  de- 
partment; but  at  any  time  the  board  of  health 
may  object  to  the  efficiency  of  any  member  of 
said  sanitary  company  and  thereupon  another 
officer  or  man  shall  be  detailed  in  his  place. 
Tills  oliapfer  a remedial  statute. 

Sec.  1,325.  This  chapter  is  hereby  declared 
to  be  a remedial  statute  and  is  to  be  con- 
strued liberally  to  secure  the  beneficial  in- 
terests and  purposes  thereof.  Nothing  here- 
in contained  shall  be  construed  to  affect  any 
suit  or  proceeding  now  pending  in  any  court, 
or  any  rights  acquired  or  liability  incurred, 
or  any  cause  or  causes  of  action  accrued  or 
existing,  whether  for  a penalty  or  otherwise, 
under  any  act  repealed  or  amended  by  this 
act.  All  acts  and  parts  of  acts  in  conflict 
with  this  chapter  or  any  part  thereof  are 
hereby  repealed. 

TITLE  8. 

THE  HEALTH  DEPARTMENT  PENSION 
FUND. 

Board  of  trustees  of  health  depart- 
ment pension  fund. 

Sec.  1,331.  The  board  of  health  of  the 
health  department  of  the  city  of  New  York 
is  hereby  constituted  and  shall  be  a board  of 
trustees  of  the  health  department  pension 
fund  heretofore  and  herein  authorized  and 
provided  for.  The  members  of  said  board  of 
health  shall  annually  choose  one  of  their  num- 
ber to  be  chairman  of  the  board  of  trustees 
of  the  health  department  pension  fund,  and 
shall  from  time  to  time  elect  a secretary. 
Immediately  upon  organization  said  board  of 
trustees  shall  receive  and  have  charge  of 
the  pension  fund,  or  funds  heretofore  author- 
ized, and  in  existence  in  any  health  depart- 
ment, municipality  or  county  forming  a part 
of  the  city  of  New  York,  provided  for  offi- 
cers, physicians  and  employes  in  the  health 
department  service,  and  such  board  of 
trustees  shall  have  charge  of  and  aummister 
the  pension  fund  authorized  and  provided  for 
herein.  From  time  to  time  the  said  board  of 
trustees  shall  invest  the  said  pension  fund 
or  any  part  thereof,  as  it  shall  deem  most 
beneficial  to  the  fund.  Said  board  is  empow- 
ered to  make  ali  necessary  contracts  and  take 
all  necessary  and  proper  actions  and  proceed- 


ings in  the  premises,  and  to  make  payment 
from  said  fund  of-pensions  granted  in  pursu- 
ance of  this  act.  The  said  trustees  shall 
from  time  to  time  establish  such  rules  and 
regulations  for  the  administration  of  the  said 
fund  as  they  may  deem  best.  They  shall  re- 
port in  detail  to  the  mayor  of  the  city  of  New 
York  annually  in  .the  month  of  January  the 
condition  oif  said  fund  and  the  items  of  their 
receipts  and  disbursements  on  account  of  the 
same.  No  payments  whatever  shall  be  al- 
lowed to  or  made  by  such  trustees  as  reward, 
gratuity  or  compensation  to  any  person  for 
salary  or  services  rendered  to  or  for  said 
board  of  trustees. 

Wliat  moneys  shall  be  included  in 
pension  fund. 

Sec.  1,332.  The  health  department  pension 
fund  shali  consist  of 

1.  All  moneys  paid  for  searches  and  tran- 
scripts of  the  records  of  births,  marriages 
and  deaths  or  other  papers  of  said  department 
of  health. 

2.  All  moneys  collected  from  fines  and  pen- 
alties for  vioiations  of  the  sanitary  code  or 
health  laws  in  the  city  of  New  York. 

3.  All  said  moneys,  including  the  fines  and 
penalties  directed  in  section  1,222  of  this  act, 
to  be  paid  to  the  controller  shall  within  thirty 
days  after  collection  or  payment  be  paid  over 
by  the  department,  officers,  clerks,  magis- 
trates and  courts,  receiving  and  collecting  the 
same,  to  the  said  board  of  trustees  of  the 
health  department  pension  fund. 

Pension  for  physician  or  employe  dis- 
abled by  reason  of  performance  of 
duty. 

Sec.  1,333.  The  board  of  trustees  of  said, 
fund  shall  have  power  to  grant  as  pension 
to  any  physician  employed  in  the  health 
department  of  the  city  of  New  York,  or  to 
any  employe  of  the  disinfecting  corps  of  said 
department,  or  to  any  employe  of  the  hospi- 
tals for  the  treatment  o^f  contagious  and 
infectious  diseases  under  the  charge  of  said 
health  department  or  of  the  board  of  health, 
who  shall,  while  in  the  actual  performance  of 
his  duty,  and  without  any  fault  or  misconduct 
on  his  part  have  become  permanently  dis- 
abled physically  or  mentally,  so  as  to  be 
unfit  to  perform  full  duty,  a sum  not  to 
exceed  one-half,  nor  less  than  one-fourth  of  his 
rate  of  compensation  per  annum  as  such  phy- 
sician or  employe,  as  the  case  may  be. 

Pensions  to  personal  representatives 
of  physieian  or  employe  who  shall 
die  from  disease  or  injuries  suffered 
in  consequence  of  his  performance  of 
duty. 

Sec.  1,334.  Whenever  such  physician  or  em- 
ploye shall  die  while  in  the  service  of  the 
health  department  from  disease  contracted  or 
injuries  sustained  by  him  while  in  the  actual 
performance  of  his  duty,  without  any  fault 
or  misconduct  on  his  part,  leaving  a widow, 
the  said  board  of  trustees  of  said  pension  fund 
may  grant,  award  or  pay  to  the  widow  of  said 
physician  or  employe,  the  sum  of  three  hun- 
dred dollars,  annually,  during  her  life  so 
long  as  she  remains  a widow;  and  if  there  be 
no  widow  of  any  such  physician  or  employe, 
but  he  shall  leave  minor  children  under  eigh- 
teen surviving  him,  then  said  three  hundred 
dollars  may  be  given,  awarded  and  paid  to  said 
children  under  eighteen  years  of  age. 

Certificate  required  in  certain  cases.  . 

Sec.  1,335.  No  physician  or  employe,  as 
aforesaid,  of  the  health  department,  shall  be 
awarded,  granted,  or  paid  a pension  on  ac- 
count of  physical  or  mental  disability  or  dis- 
ease, unless  upon  certificate  and  report  of  a 
board  of  physicians,  to  be  appointed  by  the 
board  of  health,  which  shall  set  forth  the 
cause,  nature,  and  extent  of  the  disability, 
disease,  or  injury  of  such  physician  or  em- 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


133 


ploye  who  may  be  placed  on  the  pension  roll, 
and  such  certificate  shall  distinctly  state 
whether  or  not  such  disability,  disease,  or  in- 
jury was  incurred  or  sustained  by  such  physi- 
cian or  employe  while  in  the  performance 
of  his  duties  as  such  physician  or  employe,  of 
the  health  department,  and  such  certificate 
shall  in  such  case  be  filed  with,  and  entered 
upon  the  minutes  of  the  board  of  health. 

Pension  for  twenty  years’  service. 

Sec.  1,336.  Any  physician  or  employe  who 
has  or  shall  have  performed  duty  as  such 
physician  or  employe  in  the  medical  service, 
or  as  a clerk,  in  any  department  of 
health  in  the  city  of  New  York,  for  a period 
of  twenty  yesrs,  or  upward,  upon  his  own  ap- 
plication, in  writing,  or  upon  a certificate 
and  report  of  a board  of  physician_s,  appointed 
by  the  board  of  health,  certifying  that  such 
physician  or  employe  is  permanently  disabled, 
so  as  to  be  unfit  for  further  duty  as  such 
physician  or  employe,  shall  be  retired  from  ac- 
tive service  by  resolution  of  the  board  of  health 
of  the  health  department  of  the  city  of  New 
York,  and  placed  upon  the  health  department 
pension  roll,  and  thereupon  shall  be  awarded, 
granted  and  paid  from  said  health  depart- 
ment pension  fund  by  the  trustees  thereof,  an 
annual  sum  during  his  lifetime  not  exceed- 
ing one-half  the  ordinary  full  pay  of  a physi- 
cian or  employe  in  the  health  department 
service,  of  the  rank  of  the  physician  or  employe 
so  retired,  provided,  however,  that  no  pension 
granted  under  this  or  the  preceding  sections, 
shall  exceed  the  sum  of  twelve  hundred  dol- 
lars per  annum.  Pensions  granted  under  this 
section  shall  be  for  the  natural  life  of  the 
person  receiving  the  same,  and  shall  not  be 
revoked,  repealed  or  diminished.  In  deter- 
mining the  term  of  service  of  any  such  phys- 
ician or  employe,  under  this  section,  service 
in  former  health  departments  or  boards  of 
health  having  jurisdiction  in  matters  of  pub- 
lic health  in  any  part  of  the  city  of  New 
York,  as  constituted  by  this  act,  shall  be 
counted  and  held  to  be  service  in  the  depart- 
ment of  health  of  the  city  of  New  York. 

Order  of  discontinuance  of  pension  in 

certain  cases. 

Sec.  1,337.  The  board  of  health  may,  in  its 
discretion,  order  any  pension  granted  or  any 
part  thereof  to  cease,  except  as  provided  in 
the  last  preceding  section,  but  in  all  such 
cases  the  said  board  of  health  shall 
file  with  the  board  of  trustees  of  the 

health  department  pension  fund  a writ- 
ten statement  of  the  causes  deter- 

mining the  action  of  the  said  board  of  heaith 
In  ordering  any  pension  tS  so  cease,  and  noth- 
ing in  this  act  or  in  any  other  act  shali  ren- 
der the  granting  or  payment  of  such  pen- 
sion obligatory  on  the  board  of  health,  or 
upon, the  trustees  of  the  health  department 
pension  fund,  or  chargeable  as  a matter  of 
right  upon  said  fund,  except  as  provided  in 
the  last  preceding  section. 

Repeal  of  acts  inconsistent  with  this 

title. 

Sec.  1,339.  All  acts  and  parts  of  acts  incon- 
sistent with  this  title  are  hereby  repealed. 

CHAPTER  XX. 

INFERIOR  LOCAL  COURTS. 

Title  1.  The  city  court  of  New  York. 

Title  2.  The  municipal  court  of  the  city  of 
New  York. 

Title  3.  Inferior  courts  of  criminal  jurisdic- 
tion. 

Title  4.  The  marshals. 

TITLE  1. 

THE  CITY  COURT  OP  NEW  YORK. 

Sec.  1,345.  The  city  court  shall  be  con- 
tlr.iiaA,  aeid  said  court  and  the  justices  thereof 


shall  have  the  same  powers  and  jurisdiction 
as  are  now  conferred  upon  them  by  law,  pro- 
vided, however,  that  in  sections  338,  3,165,  3,169, 
3,170and  3,268  of  the  code  of  civil  procedure  the 
word  “city”  shall  be  construed  to  mean  and 
apply  to  the  territory  within  the  city  of  New 
York  as  it  existed  and  was  constituted  prior 
to  the  sixth  day  of  June,  1895. 

Sec.  1,346.  The  justices  of  said  city  court  in 
ofldce  when  this  act  shall  take  effect  shall  con- 
tinue to  hold  office  until  the  expiration  of  their 
respective  terms;  but  the  successors  of  said 
justices  shall  be  elected  for  and  hold  office  for 
the  period  of  ten  years. 

TITLE  2. 

THE  MUNICIPAL  COURT  OP  THE  CITY 
OP  NEW  YORK. 

Courts,  etc.,  abolished. 

Sec.  1,350.  Prom  and  after  midnight  of  the 
thirty-first  day  of  January,  1898,  the  justices’ 
courts  and  the  office  of  justice  of  the  peace  in 
the  cities  of  Brooklyn  and  Long  Island  City 
are  abolished,  and  all  jurisdiction,  power,  au- 
thority and  duty  theretofore  vested  in  said 
courts  and  justices  of  the  peace,  and  in  the 
clerks,  officers,  interpreters,  stenographers  and 
employes  of  said  courts  and  justices  shall 
cease  and  determine,  except  as  provided  in  the 
next  section  and  section  1,372  of  this  act;  and 
from  and  after  the  passage  of  this  act  no  per- 
son shall  be  elected  to  the  office  of  district 
court  justice  or  justice  of  the  peace  in  any 
portion  of  the  territory  included  within  the 
city  of  New  York  as  constituted  by  this  act. 

Municipal  court  created. 

Sec.  1,351.  On  and  after  the  first  day  of 
January,  1898,  the  district  courts  of  the  city 
of  New  York  and  the  justices’  courts  of  the 
First,  Second  and  Third  districts  of  the  City 
of  Brooklyn  are  hereby  continued,  consoli- 
dated and  reorganized  under  the  name  of  “The 
Municipal  Court  of  the  City  of  New  York,” 
which  said  court  shall  be  a local  civil  court 
within  the  city  of  New  York  as  constituted 
by  this  act,  and  shall  not  be  a court  of  record 
or  have  any  equity  jurisdiction;  but  shall 
have  the  jurisdiction,  powers,  duties  and 
organization  hereinafter  prescribed. 

Justices.  . 

Sec.  1,352.  The  said  court  shall  be  held  by 
justices  to  be  elected  or  appointed  as  follows: 

1.  The  justices  of  said  district  courts  of 
the  city  of  New  York  and  said  justices  of  the 
peace  in  the  First,  Second  and  Third  dis- 
cricts  of  the  City  of  Brooklyn  in  office  on  the 
first  day  of  January,  1898.  shall  continue  for 
the  remainder  of  the  terms  for  which  they 
were  elected  or  appointed,  and  shall  be  called 
justices  of  the  iiunicipal  court  of  the  city 
of  New  York,  and  shall  have  all  the  powers 
and  jurisdiction  and  be  subject  to  all  the 
duties  and  requirements  hereinafter  pre- 
scribed for  justices  and  said  municipal  courts. 

Election  of  successors. 

2.  The  successors  of  the  justices  mentioned 
in  the  first  subdivision  of  this  section  shall 
be  elected  by  the  electors  of  the  districts  for 
which  said  justices  were  elected  or  appointed 
respectively,  as  described  and  renumbered  in 
sections  1,359,  1,360  and  1,361  of  this  act,  at 
the  general  election  to  be  held  in  the  year 
at  the  end  of  which  the  terms  of  said  justices 
ohall  expire. 

Id.;  When  terms  expire  in  1897. 

3.  There  shall  be  elected  at  the  general 
election  to  be  held  on  the  first  Tuesday  suc- 
ceeding the  first  Monday  of  November,  in  the 
year  one  thousand  eight  hundred  and  ninety- 
seven,  as  many  justices  of  said  municipal 
court  as  there  shall  be  justices  of  the  said 
district  courts  in  the  city  of  New  York  or 
justices  of  the  neace  ot  the  said  First.  Second 


and  Third  districts  in  the  City  of  Brooklyn, 
whose  terms  expire  at  the  end  of  the  year 
1897.  Such  justices  shall  be  elected  by  the 
electors  of  the  districts  for  which  such 
justices  whose  terms  expire  in  1897  were 
elected  or  appointed,  as  described  and  re- 
numbered in  sections  1,359,  1,360  and  1,361 
of  this  act. 

Additional  ju.stices. 

4.  On  or  hefore  the  twentieth  day  of  Janu- 
ary, one  thousand  eight  hundred  and  ninety- 
eight,  the  mayor  of  the  city  of  New  York 
shall  appoint  seven  additional  justices  of  said 
municipal  court,  two  of  whom  shall  be  resi- 
dents of  the  Fourth  and  Fifth  districts  of  the 
borough  of  Brooklyn,  three  of  whom  shall  be 
residents  of  the  First,  Second  and  Third  dis- 
tricts of  the  borough  oif  Queens,  and  two  of 
whom  shall  be  residents  of  the  First  and 
Second  districts  of  the  borough  of  Richmond, 
respectively.  The  justices  so  appointed  shall 
hold  office  till  the  31st  day  of  December, 
1899,  and  their  successors  shall  be  elected  at 
the  general  election  to  he  held  in  the  year 
1899,  and  shall  be  residents  of  the  same  dis- 
tricts as  the  justices  appointed  pursuant  to 
this  subdivision. 

tlnalifications,  etc.,  of  jnstices. 

Sec.  1,353.  No  one  shall  be  eligible  to  the  of- 
fice of  justice  of  the  said  municipal  court, 
after  the  first  day  of  March,  eighteen  hundred 
and  ninety-nine,  unless  he  be  a resident  and 
elector  in  the  district  for  which  he  shall  be 
elected  or  appointed  and  has  been  an  attor- 
ney and  counsellor-at-law  of  the  state  of  New 
York  for  at  least  five  years  or  unless  he  shall 
have  served  as  a justice  of  such  municipal 
court.  None  of  said  justices  shall  engage  in 
any  other  business  or  profession  or  hold  any 
other  public  office  or  act  as  referee,  but  each 
of  said  justices  shall  devote  his  whole  time 
and  capacity,  so  far  as  the  public  interest 
demands,  to  the  duties  of  his  office;  provided, 
however,  that  this  restriction  shall  not  apply 
to  the  justices  of  said  court  mentioned  in  sub- 
division one  of  section  thirteen  hundred  and 
fifty-two  of  this  act.  (Thus  amended  by  Chap. 
254,  Laws  1S99.) 

Oatli. 

Sec.  1,354.  The  justices  elected  or  appointed 
pursuant  to  this  act  shall,  before  entering 
upon  their  duties,  take  the  oath  of  office  pre- 
scribed by  the  constitution,  and  file  the  Siam* 
with  the  city  clerk. 

Salary. 

Sec.  1,355.  The  salary  of  each  of  said  Jus- 
tices, except  those  appointed  or  elected  from 
the  Duronghs  of  Queens  and  Richmond,  shall 
be  six  thousand  dollars  a year,  to  be  paid 
m equal  monthly  installments  by  the  prop- 
er officers  of  said  cities,  and  the  salary  of  each 
of  said  justices  appointed  or  elected  for  the 
borougns  of  Queens  and  Richmond  shall  be 
five  thousand  dollars  a year,  to  be  paid  in 
the  same  manner. 

Terms. 

Sec  1.356.  The  terms  of  said  justices  to  be 
elected  pursuant  to  this  title  shall  be  ten 
years. 

Vacancies. 

Sec.  1,357.  Vacancies  occurring  in  the  of- 
fice of  justice  of  said  court  shall  be  filled 
at  the  next  ensuing  general  election  for  the 
unexpired  term  commencing  on  the  first  day 
of  January  next  after  said  election,  and  the 
mayor  of  the  city  shall  appoint  some  prop- 
er person  to  fill  such  vacancy  in  the  interim 
within  twenty  days  after  the  same  occurs. 
Districts. 

Sec.  1,358.  The  several  boroughs  composing 
the  city  of  New  York  are  hereby  divided  into 
districts,  in  each  of  which  sessions  of  said 


134 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


municipal  court  shall  be  held,  as  specified  in 
the  next  five  sections. 

BorouK'h  of  tlie  Bronx. 

Sec.  1,359.  In  the  borough  of  the  Bronx  there 
shall  be  two  districts,  as  follows: 

1.  The  first  district  embracing  the, terri- 
tory described  in  chapter  934  of  the  laws  ol 
1895. 

2.  The  second  district  embracing  the  re- 
mainder of  said  borough. 

Borong'li  of  9Ian1iattan. 

Sec.  1,360.  In  the  borough  of  Manhattan 
there  shall  be  eleven  districts,  as  follows: 

1.  The  First  district  embraces  the  Third, 
Fifth  and  Eighth  wards  of  said  borough  of 
Manhattan,  and  all  that  part  of  the  First 
ward  lying  west  of  Broadway  and  Whitehall 
street,  including  Nuttin  or  Governor’s  island, 
Bedloe’s  Island,  Bucking  or  Ellis  Island  and 
the  Oyster  islands. 

2.  the  Second  embraces  the  Second,  Fourth, 
Sixth  and  Fourteenth  wards,  and  all  that  por- 
tion of  the  First  ward  lying  south  and  east  of 
Broadway  and  Whitehall  street. 

3.  The  Third  district  embraces  the  Ninth 
and  Fifteenth  wards. 

4.  The  Fourth  district  embraces  the  Tenth 
and  Seventeenth  wards. 

5.  The  Fifth  district  embraces  the  Seventh. 
Eleventh  and  Thirteenth  wards. 

6.  The  Sixth  district  embraces  the  Eight- 
eenth and  Twenty-first  wards. 

7.  The  Seventh  district  embraces  the  Nine- 
teenth ward. 

8.  The  Eighth  district  embraces  the  Six- 
teenth and  Twentieth  wards. 

9 The  Ninth  district  embraces  the  Twelfth 
ward,  except  that  portion  thereof  which 
lies  west  of  the  center  line  of  Lenox  or  Sixth 
avenue  and  of  the  Harlem  river  north  of  the 
terminus  of  Lenox  avenue. 

10.  The  Tench  district  embraces  the  Twen- 
ty-second ward  and  all  that  portion  O'!  the 
Twelfth  ward  which  is  bounded  on  the  north 
by  the  center  line  of  One  Hundred  and  Tenth 
street,  on  the  south  by  the  center  line  of 
Eighty-sixth  street,  on  the  east  by  the  cencer 
line  of  Sixth  avenue  and  on  the  west  by  the 
North  river. 

11.  The  Eleventh  district  embraces  that 
portion  of  the  Twelfth  ward  which  lies  north 
of  fhe  center  line  of  West  One  Hundred  and 
Tenth  street  and  west  of  the  center  line  of 
Lenox  or  Sixth  avenue  and  of  the  Harlem 
river  north  of  the  terminus  of  Lenox  or  Sixth 
avenue. 

Borough  of  Bi-ooUIj  n. 

Sec.  1,361.  In  the  borough  of  Brooklyn 
there  shall  be  five  districts  as  follows: 

1.  The  First  district  embraces  the  First, 
Seccmd,  Third,  Fourth,  Fifth,  Sixth,  Tenth 
and  Twelfth  wards. 

2.  The  Second  district  embraces  the  Sev- 
enth, Eighth,  Ninth,  Eleventh,  Twentieth, 
Twenty-first,  Twenty-second  and  Twenty- 
third  wards. 

3.  The  Third  district  embraces  the  Thir- 
teenth, Fourteenth,  Fifteenth,  Sixteenth, 
Seventeenth,  Eighteenth  and  Nineteenth 
v/ards. 

4.  The  Fourth  district  embraces  the  Twen- 
ty-fourth, Twenty-fifth,  Twenty-sixth,  Twen- 
ty-seventh and  Twenty-eighth  wards. 

5.  The  Fifth  district  embraces  the  Twen- 
ty-ninth, Thirtieth,  Thirty-first  and  Thirty- 
second  wards. 

Borong'li  of  Queens. 

Sec.  1,362.  In  the  borough  of  Queens  there 
shall  be  three  districts,  as  follows: 

1.  The  First  district  embraces  Ward  One 
of  said  borough. 


2.  The  Second  district  embraces  Wards 
Two  and  Three  of  said  borough. 

3.  The  Third  district  embraces  Wards  Four 
and  Five  of  said  borough. 

Borong'h  of  Richmond. 

Sec.  1,363.  In  the  borough  of  Richmond 
there  shall  be  two  districts,  as  follows: 

1.  The  First  district  embraces  Wards  One 
and  Three  of  said  borough. 

2.  The  Second  district  embraces  Wards  Two, 
Four  and  Five  of  said  borough. 

Jurisdiction. 

Sec.  1,364.  Except  as  provided  in  the  next 
section  the  said  municipal  court  has  jurisdic- 
tion in  the  following  civil  actions  and  pro- 
ceedings, including  an  action  against  a domes- 
tic corporation  or  a foreign  corporation  hav- 
ing an  office  in  the  city  of  New  York: 

1.  An  action  to  recover  damages  upon  or  for 
breach  of  contract,  express  or  implied,  other 
than  a promise  to  marry,  where  the  sum 
claimed  does  not  exceed  five  hundred  dollars. 

2.  An  action  to  recover  damages  for  a per- 
sonal injury  or  an  injury  to  property,  ex- 
cepting, however,  actions  to  recover  damages 
for  an  assault,  battery,  malicious  prosecution, 
false  imprisonmentj  libel,  slander,  criminal 
conversation,  seduction,  or  loss  of  society  of 
a husband  or  -wife,  where  the  sum  claimed 
does  not  exceed  five  hundred  dollars. 

3.  An  action  for  a fine  or  penalty  not  ex- 
ceeding five  hundred  dollars,  including  an  ac- 
tion to  recover  a penalty  given  by  the  charter 
of  the  city  of  New  York  or  any  bylaw  or  ordi- 
nance thereof  or  by  any  statute  of  the  state. 

4.  An  action  upon  a bond  conditioned  for 
the  payment  of  money  where  the  sum  claimed 
to  be  due  does  not  exceed  five  hundred  dollars, 
the  judgment  to  be  rendered  for  the  sum 
actually  due.  Where  the  sum  secured  by  the 
bond  is  to  be  paid  in  installments  an  action 
may  be  brought  for  each  installment  as  It 
becomes  due. 

5.  An  action  upon  a surety  bond  or  under- 
taking taken  in  said  court  or  in  any  district 
court  of  the  city  of  New  York  or  by  any  jus- 
tice of  the  peace. 

6.  An  action  upon  a judgment  rendered  in 
said  court  or  in  a district  court  of  the  city  of 
New  York  or  in  a justice’s  court,  or  in  the 
municipal  court  of  the  city  of  Rochester,  or 
In  the  municipal  court  of  the  city  of  Syracuse, 
or  in  the  municipal  court  of  the  city  of  Buf- 
falo. 

7.  An  action  to  recover  one  or  more  chat- 
tels with  or  without  damages  for  the  taking, 
withholding  or  detention  thereof  where  the 
value  of  the  chattel  or  of  the  chattels  as 
stated  in  the  aflidavit  made  on  the  part  of  the 
plaintiff  does  not  exceed  $500,  subject  to  the 
qualifications  specified  in  sections  1,689,  1,690, 
1,691  and  1,692  of  the  code  of  civil  procedure. 

8.  An  action  in  behalf  of  the  people  of  the 
state  brought  by  the  direction  of  a commis- 
sioner of  public  charities  or  of  an  overseer 
of  the  poor  upon  a bastardy  or  abandonment 
bond  in  a case  where  it  is  prescribed  by  law 
that  such  an  action  can  be  maintained  in  said 
municipal  court  of  the  city  of  New  York  or 
in  any  court  no't  being  a court  of  record. 

9.  An  action  to  recover  damages  for  an  es- 
cape from  the  jail  liberties  as  provided  by 
chapter  2,  title  2,  articles  IV  and  V,  of  the 
code  of  civil  procedure,  where  the  sum 
claimed  does  not  exceed  $100. 

10.  An  action  upon  the  bond  of  a marshal  Of 
the  city  of  New  York  in  a case  where  it  is 
prescribed  by  a special  statutory  pro'vislon 
that  such  an  action  can  be  maintained  in  a 
district  court  or  in  said  municipal  court. 

11.  An  action  for  damages  for  fraud  or  de- 
ceit in  the  sale,  purchase  ' or  exchange  of 


personal  property  where  the  damages  claimed 
do  not  exceed  $500. 

12.  A summary  proceeding  under  title  two 
of  chapter  seventeen  of  the  code  of  civil  pro- 
cMure  to  recover  possession  of  real  prop- 
erty which,  or  a portion  of  which,  is  situated 
within  the  district  wherein  the  application 
for  such  recovery  is  made. 

13.  To  render  judgment  upon  the  confes- 
sion of  the  defendant  or  defendants  as  pre- 
scribed in  title  six  of  chapter  nineteen  of  the 
code  of  civil  procedure  where  the  sum  con- 
fessed does  not  exceed  five  hundred  dollars. 

14.  Other  civil  actions  or  proceedings  of 
which  district  coucts  in  the  city  of  New  York 
or  justices  of  the  peace  shall  have  jurisdiction 
on  the  31st  day  of  December,  1897,  except  such 
as  shall  be_  expressly  excluded  by  this  act. 

Id.;  coiitiiined. 

Sec.  1,365.  The  said  municipal  court  cannot 
take  cognizance  of  any  civil  actions  in  either 
of  the  following  cases: 

1.  Where  the  title  to  real  property  comes 
in  question  as  prescribed  in  title  third  of 
chapter  nineteen  of  the  code  of  civil  proced- 
ure, and  sections  2,951  to  2,958  of  said  code, 
both  inclusive,  apply  to  an  action  brought  in 
said  court;  and  in  an  action  brought  in  said 
court  the  surety  upon  the  defendant’s  under- 
taking is  liable  in  the  case  specified  in  section 
2,952  of  said  code  to  any  amount  for  which 
judgment  might  have  been  rendered  by  said 
court  if  the  answer  and  undertaking  had  not 
been  delivered.  The  provisions  of  section 
1,349  of  chapter  410  of  the  laws  of  1882  shall 
govern  in  such  cases. 

2.  Where  the  action  is  brought  against  an 
executor  or  adminstrator  as  such  and  the 
amount  claimed  is  in  excess  of  fifty  dollars. 

3.  Where  the  action  is  against  the  city  of 
New  York  as  hereby  constituted, 

4.  Where,  in  a matter  of  account,  the  sum 
total  of  the  accounts  of  both  parties,  proved 
to  the  satisfaction  of  the  court,  exceeds  one 
thousand  dollars. 

RemoTal. 

Sec.  1,366.  In  an  action  specified  in  the  last 
section  but  one,  excepting  subdivisions  eight 
and  ten,  where  the  damages  claimed  or  the 
value  of  the  chattel  or  all  the  chattels  claimed, 
as  sitated  in  the  complaint,  exceeds  two  hun- 
dred and  fifty  dollars,  the  defendant  may, 
after  issue  is  joined  and  before  an  adjourn- 
ment has  been  granted  upon  his  application, 
apply  to  the  justice  holding  court  in  the  dis- 
trict in  which  the  action  is  brought  for  an 
order  removing  the  action,  and  if  it  be  in  the 
Second  district  of  the  borough  of  the  Bronx 
or  in  any  district  of  the  borough  of  Manhat- 
tan to  the  city  court  of  the  city  of  New  York, 
if  in  any  other  district  into  the  county  court 
of  the  county  ■wherein  the  district  is  situated, 
if  the  said  county  court  has  jurisdiction  of 
such  action,  otherwise  into  the  supreme  court 
in  such  county.  Such  an  order  must  be  grant- 
ed upon  the  defendant’s  filing  with  the  clerk 
an  undertaking  in  a sum  fixed  by  the  justice 
not  exceeding  twice  the  amount  of  the  dam- 
ages claimed  or  twice  the  value  of  the  chattel 
or  of  all  the  chattels  claimed,  as  stated  in  the 
complaint,  with  one  or  more  sureties,  to  the 
effect  that  the  defendant  will  pay  to  the  plain- 
tiff the  amount  of  any  judgment  that  may  be 
recovered  against  him  in  the  court  to  which 
such  action  shall  be  removed.  From  the 
time  of  granting  the  order  the  city  Court  or 
county  court  or  supreme  court,  as  the  case 
may  he,  has  cognizance  of  the  action,  and  the 
clerk  of  the  district ' must  forth'with  deliver 
to  the  clerk  of  such  court  to  which  the  action 
shall  be  removed  all  process,  pleadings  and 
other  papers  in  the  action  and  certified  copies 
of  all  minutes,  entries  and  orders  relating 
thereto,  -which  must  be  filed,  entered,  or  re- 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


1.35 


corded  as  the  case  requires  in  the  latter’s 
office. 

Appeals. 

Sec.  1,367.  1.  An  appeal  from  a judgment 
rendered  in  the  municipal  court  of  The 
City  of  New  York  may  be  taken  to 
the  supreme  court  in  the  cases  and  in 
the  manner  prescribed  in  articles  first 
and  second  of  title  eight  of  chapter  nine- 
teen of  the  code  of  civil  procedure.  Such  ap- 
peal shall  be  heard  in  such  manner  and  by 
such  justice  or  justices  as  the  appellate  divi- 
sion of  the  supreme  court  in  the  judicial  de- 
partment embracing  the  district  wherein  the 
action  is  brought  shall  direct,  except  that  the 
appellate  division  of  the  second  judicial  de- 
partment may  direct  that  such  appeal  he  heard 
directly  before  the  court.  The  appellate  court 
may  reverse,  affirm  or  modify  the  judgment 
appealed  from,  and  where  a judgment  is  re- 
versed, may  order  a new  trial  in  the  munici- 
pal court  in  the  district  in  which  the  action 
was  brought.  Where  a judgment  is  modified 
or  a new  trial  is  ordered,  costs  shall  be  in  the 
discretion  of  the  appellate  court. — [Thus 
amended  by  Chapter  546,  Laws  of  1898.] 

2.  In  all  cases  of  appeal  from  the  decision 
of  the  said  municipal  court,  where  a trans- 
cript of  the  stenographer’s  minutes  of  testi- 
mony on  the  trial  becomes  a necessary  part 
of  the  justice’s  return,  the  stenographer's  fees 
for  making  such  transcript  shall  be  at  the 
rate  of  five  cents  for  every  hundred  words 
and  be  paid  in  the  first  instance  by  the  ap- 
pellant and  afterward  taxable  by  him  as  a 
disbursement  on  the  appeal. 

Process. 

Sec.  1,368.  The  municipal  court  in  any  dis- 
trict shall  have  power  to  send  its  process 
and  other  mandates  in  an  action  or  special 
proceed 'Vg  of  which  it  has  jurisdiction  into 
any  district  or  part  of  the  city  of  New  York 
for  service  of  execution  and  to  enforce 
obedience  thereto,  and  such  process  and  man- 
dates may  be  served  in  any  district  or  part 
of  the  city  of  New  York,  as  constituted  by 
this  act. 

Procedure,  etc. 

Sec.  1,369.  In  so  far  as  the  same  are  consist- 
ent with  this  act,  all  provisions  of  law  relat- 
ing to  the  procedure  and  organization,  the 
summons,  precept,  attachment,  arrest,  sub- 
pena  or  other  process,  service  and  execution  of 
the  same,  time,  appearances,  parties,  attor- 
neys, practice,  proceedings,  pleadings,  amend- 
ments, adjournment,  defaults,  judgments, 
transcripts,  docketing,  executions,  offers,  fees, 
costs,  disbursements,  joint  debtors,  deposi- 
tions, taking  testimony  by  commission  and  de 
bene  esse,  guardians  ad  litem,  trials,  jurors 
and  drawing  of  juror^  and  all  matters  incident- 
al to  the  same,  the  powers  and  duties  of  the 
justices  and  clerks  and  other  employes  in  dis- 
trict courts  in  the  city  of  New  York  which  shall 
be  in  force  on  the  31st  day  of  December,  1897, 
shall  apply  to  and  control  and  govern  the  same 
in  said  municipal  court  and  the  branches 
thereof  in  each  district,  except  that  a mar- 
shal of  the  city  of  New  York  cannot  appear  or 
act  on  behalf  of  either  or  any  party  in  an  action 
or  proceeding  in  said  municipal  court.  Sections 
8 to  14,  inclusive  of  the  code  of  civil  procedure, 
excepting  subdivision  7 of  said  section  14, 
are  hereby  made  applicable  to  and  shall  govern 
said  municipal  court.  But  in  all  cases  where 
in  any  statute  relating  to  said  district  courts 
the  power  and  authority  of  said  courts  is  lim- 
ited to  the  city  and  county  of  New  York,  or 
to  persons  residing  in  or  who  are  about  to 
leave  the  city  and  county  of  New  York,  the 
power  and  authority  of  said  municipal  court  is 
extended  to  the  city  of  New  York,  as  consti- 
tuted by  this  aot,  and  to  all  persons  residing 


in  or  who  are  about  to  leave  said  city  of  New 
York,  as  so  constituted,  except  as  in  this  chap- 
ter otherwise  expressly  provided.  In  an  ac- 
tion specified  in  section  1,364  of  this  act  (ex- 
cept subdivisions  8 and  10),  where  the  damages 
or  the  value  of  the  chattels  as  claimed  in  the 
complaint,  exceed  $100,  if,  at  the  time  of 
joining  an  issue  of  fact  the  defendant  demand 
a trial  by  a jury  of  twelve  men,  the  justice 
shall  order  such  a jury  to  be  summoned  to  try 
the  same,  and  the  proceedings  and  fees  shall 
be  the  same  as  are  prescribed  in  section  1,373 
of  chapter  410  of  the  laws  of  1882. 

Actions,  in  what  district  brought. 

Sec.  1,370.  An  action  or  proceeding  of  which 
this  court  has  jurisdiction  must  be  brought: 

1.  In  a district  in  which  either  the  plaintiff 
or  defendant  or  one  of  the  plaintiffs  or  one 
of  the  defendants  resides,  unless  all  the 
plaintiffs  or  all  the  defendants  reside  out  of 
the  city  of  New  York,  in  which  case  the  ac- 
tion or  proceeding  may  'be  brought  in  said 
court  In  any  district. 

2.  If  the  defendant  be  a corporation  creat- 
ed by  law,  in  a district  in  which  the  plain- 
tiff or  either  of  the  plaintiffs  resides,  or  in 
which  (if  it  be  a corporation)  it  transacts  its 
general  business  or  keeps  an  office  or  has  an 
agency  established  for  the  transaction  of  busi- 
ness or  is  established  by  law,  except  the  cor- 
poration of  the  city  of  New  York,  which  may 
sue  in  any  district,  except  as  in  the  next  sec- 
tion provided. 

3.  By  plaintiffs  not  residing  in  the  city  of 
New  York,  in  the  district  in  which  the  de- 
fendant or  one  of  the  defendants  resides,  and 
against  a defendant  or  defendants  not  resid- 
ing in  said  city,  in  the  district  in  which  the 
plaintiff  or  one  of  the  plaintiffs  resides;  bus 
where  all  of  the  parties  reside  out  of  said  city 
the  action  may  be  brought  In  any  district 
No  person  who  shall  have  a place  in  saic 
city  for  the  regular  transaction  of  huslnes: 
shall  be  deemed  a non-resident  under  the 
provisions  of  this  title. 

4.  If  the  district  in  W’hlch  the  action  or  pro- 
ceeding is  brought  is  not  the  proper  district, 
the  action  may,  notwithstanding,  be  tried 
therein,  unless  the  action  is  transferred  to 
the  proper  district  before  trial  upon  the  de- 
mand of  the  defendant  made  upon  or  before 
the  joinder  of  issue  in  writing  or  in  open 
court,  followed  by  the  consent  of  the  plain- 
tiff, given  in  like  manner,  or  the  order  of  the 
court.  The  demand  must  specify  the  district 
to  which  the  defendant  requires  the  action 
to  be  transferred.  The  court  must  make  such 
order  when  the  district  in  which  the  action  or 
proceeding  is  hroughf  is  not  the  proper  dis- 
trict, as  specified  In  this  section  or  the  next 
one  if  such  demand  he  made. 

Id.;  when  brought  by  the  corporation. 

5 All  actions  by  or  on  behalf  of  the  city 
of  New  York  to  recover  a penalty  or  fine  for 
a violation  of  *any  corporation  ordinance, 
when  the  amount  of  such  penalty  or  fine  shall 
not  exceed  five  hundred  dollars,  must  be 
brought  in  the  district  in  which  the  violation 
of  such  ordinance  happened  or  occurred,  and 
the  justice  holding  court'  in  the  same  judicial 
district  may  direct  any  of  the  city  marshals 
to  collect  the  payment  and  make  returns  In 
the  same  manner  as  now  provided  by  law. 
And  all  actions  to  recover  a penalty  or  fine 
for  a violation  of  any  provision  of  the  sani- 
tary code  adopted  by  the  board  of  health  or 
of  any  regulation  of  the  fire  commissioner  or 
laws  which  either  said  board  or  commissioner 
is  authorized,  empowered  and  especially 
charged  to  enforce,  where  the  amount  of  such 
penalty  or  fine  shall  not  exceed  five  hundred 


dollars,  must  be  brought  in  the  district  in 
which  such  violation  happened  or  occurred. 

AVhere  held. 

Sec.  1,371.  The  said  municipal  court  shall 
I be  held  in  each  of  the  aforesaid  districts  by 
a justice  of  said  court  as  hereinafter  specl- 
; fled,  at  the  places  provided  by  the  municipal 
assembly,  and  In  accordance  with  law,  at 
such  hours  in  every  judicial  day  or  so  often 
I as  the  board  of  justices  of  the  municipal 
court  shall  direct,  and  must  continue  in  ses- 
sion so  long  as  the  public  interest  requires; 
and  it  shall  be  the  duty  of  the  municipal 
assembly  within  thirty  days  after  the  31st 
day  of  December  1897,  to  provide  a suit- 
able place  for  the  holding  of  said  court  in 
each  of  said  districts,  -provided  that  more 
than  one  place  for  holding  such  court  may  be 
provided  at  any  time  after  this  act  takes 
effect  in  any  district,  if  the  said  board  of 
justices  shall  certify  that  the  public  conven- 
ience requires  such  additional  number  of 
places. 

Seals. 

Sec.  1,372.  The  said  court  in  each  district 
shall  have  official  seals  furnished  at  the  ex- 
pense of  the  city,  on  which  shall  be  engraved 
the  arms  of  the  state  of  New  York  and  the 
words  “Municipal  Court  of  New  York,  Borough 
of  Manhattan”  (or  whatever  the  borough  may 
be),  “First  District”  (or  whatever  the  dis- 
trict may  be),  but  nothing  herein  contained 
shall  authorize  such  court  to  issue  certificates 
of  naturalization. 

Clerks  and  assistant  clerks. 

Sec.  1373  There  shall  be  in  and  for  each 
district  a clerk  of  said  cotirt  and  in  each  dis- 
trict in  the  boroughs  of  Manhattan,  Brook- 
lyn and  of  the  Bronx,  an  assistant  clerk,  who 
shall  be  appointed  by  the  justice  elected  or  ap- 
pointed from  said  district,  as  hereinbefore 
provided,  and  shall  hold  office  for  the  term 
of  six  years  from  the  date  of  appointment: 
and  before  entering  upon  his  duties  each  such 
clerk  or  assistant  clerk  shall  file  in  the  office 
of  the  comptroller  of  the  city  of  New  York 
a bond  in  the  penal  sum  of  five  thousand  dol- 
lars, conditioned  for  the  faithful  discharge  of 
his  duty  and  the  due  accounting  for  and  pay- 
ment of  all  money  by  him  received,  or  w'ith 
him  deposited  in  any  action  as  such  clerk  or 
assistant  clerk,  to  be  approved  by  the  said 
comptroller  to  he  indorsed  thereon.  Each  such 
clerk  and  assistant  clerk  shall  receive  a sal- 
ary of  three  thousand  dollars  per  annum  (ex- 
cept In  the  boroughs  of  Queens  and  Richmond, 
Wherein  the  salary  of  the  clerk,  shall  be  two 
thousand  dollars  per  annum),  to  be  paid  in 
equal,  monthly  instalments;  and  neither  said 
clerks  nor  assistant  clerks  nor  other  em- 
ployes of  said  court  shall  receive  any  fee  or 
compensation  whatever  for  their  own  use  for 
any  services  performed  by  them  by  virtue  of 
their  offices  other  than  their  salaries;  and  the 
duties  of  such  clerks  and  assistant  clerks  shall 
be  the  same  as  those  now  imposed  by  law 
upon  the  clerks  and  assistant  clerks  of  the 
district  courts  in  the  city  of  New  York.  No 
such  clerk,  assistant  clerk  or  other  employe 
of  such  courts  shall  hold  any  other  office  or 
be  interested  in  any  other  business,  except  as 
permitted  by  the  next  section,  but  shall  give 
their  whole  time  to  their  respective  duties 
and  shall  reside  in  the  borough  in  which  the 
district  for  which  they  are  appointed  respect- 
ively is  situated.  For  any  breach  of  said  bond 
the  appellate  division  of  the  supreme  court 
or  any  justice  of  the  supreme  court  in  the  ju- 
dicial department  wherein  the  district  for 
which  such  clerk  or  assistant  clerk  is  appoint- 
ed is  situated,  may  order  the  same  to  be 
prosecuted  in  the  name  of  any  person  dam- 
aged by  such  breach.  The  clerks,  assisUot 


130 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


clerks,  stenographers,  interpreters  and  attend- 
ants of  the  district  courts  in^the  city  of  New 
York  and  of  the  justices’  courts  of  first,  sec- 
ond and  third  districts  of  the  city  of  Brook- 
lyn, who  shall  be  in  office  on  the  first  of  Jan- 
uary, eighteen  hundred  and  ninety-eight,  shall 
continue  until  the  expiration  of  their  respect- 
ive terms,  in  the  like  capacities  as  officers  of 
the  said  municipal  court.  Each  justice  upon 
appointing  a clerk  or  assistant  clerk  shall 
make  duplicate  certificates  of  such  appoint- 
ments, stating  the  term  of  the  appointment 
and  when  it  will  expire,  and  one  of  such  du- 
plicates shall  be  filed  by  him  in  the  office  of 
the  city  clerk,  and  the  other  with  the  secre- 
tary of  the  board  of  justices  provided  for  in 
the  next  section.  The  said  justices  shail  in 
like  manner  also  appoint  the  officers  necessary 
to  attend  the  court  in  each  district,  not  ex- 
ceeding three,  at  an  annual  salary  of  one 
thousand  dollars,  and  a stenographer  in  and 
for  each  district  at  an  annual  salary  of  two 
thousand  dollars,  and  in  and  for  each  district 
in  the  boroughs  of  Manhattan  and  Brooklyn 
an  interpreter  at  an  annual  salary  of  twelve 
hundred  dollars.  Each  of  said  attendants, 
stenographers  and  interpreters  shall  be  ap- 
pointed for  two  years  or  to  fill  the  residue  of 
an  unexpired  term.  The  said  justices  may 
remove  any  of  said  attendants,  stenographers 
or  interpreters,  provided  that  before  removal 
such  officers  shall  have  notice  of  the  cause 
of  their  proposed  removal  and  an  opportunity 
to  make  an  explanation;  and  the  reasons  for 
any  removal  shall  he  briefly  entered  on  such 
minutes.  [Thus  amended  by  Chapter  699, 
Laws  of  1899.] 

Board  of  justices. 

Sec.  1,374.  On  and  after  the  first  day  of 
January,  1898,  the  justices  of  said  court  shall 
constitute  the  board  of  justices  of  the  munic- 
ipal court  and  discharge  the  functions  there- 
of. They  may  elect  a president  from  their 
own  number  and  at  pleasure  remove  him  and 
elect  a successor.  All  meetings  of  said  board 
shall  be  public  and  all  proceedings  shall.be 
recorded  in  its  books  of  minutes  by  its  secre- 
tary and  shall  be  preserved.  Such  board 
may  designate  a clerk  of  said  court  for  one  of 
said  districts  to  act  as  secretary  of  said  board, 
and  from  time  to  time  substitute  another, 
and  fix  a reasonable  compensation  to  be  paid 
for  such  service.  Such  board  shall  establish 
public  rules  relative  to  its  meetings,  which 
as  far  as  possible  shall  be  held  at  regular 
times,  to  the  keeping  and  preservation  of  its 
minutes  and  the  appointment  of  clerks,  as- 
sistant clerks  and  other  appointees,  and  to  the 
public  inspection  of  its  minutes  under  the 
care  of  the  secretary  at  reasonable  times. 

Board  to  make  rales. 

Sec.  1,375.  Said  board  of  justices  shall 
adopt,  and  from  time  to  time  may  amend  or 
add  to  rules  relating  to  the  following  sub- 
jects: 

1.  As  to  the  justices  who  shall  hold  ses- 
sions of  said  municipal  court  In  each  of  said 
districts  at  times  and  places  to  be  specified 
in  said  rules  and  to  provide  for  a rotation 
of  the  justices  holding  the  same,  provided 
that  the  justices  elected  or  appointed  for  any 
borough' shall  ffiold  court  in  said  borough; 
but  if  a vacancy  exists  or  the  illness  or  other 
inability  of  any  justice  assigned  to  hold  court 
prevents  bis  attendance  any  other  justice  of 
said  court  may  hold  che  same.  And  if  at  any 
time  before  or  after  the  commencement  of 
the  trial  it  shall  appear  to  the  satisfaction  of 
the  justice  that  he  is  a necessary  witness  on 
che  trial  of  the  cause,  or  otherwise  disquali- 
fied to  cry  the  same,  he  shail  by  an  order  en- 
tered in  che  cause  order  tbe  same  and  the 
papers  in  the  same  to  be  transferred  to  an 
adjoining  district,  or  adjourned,  to  such  time 


as  his  successor  in  holding  court  in  said  dis- 
tricc  according  to  such  ruies  for  rotation, 
may  be  holding  said  court  as  justice  may  re- 
quire. Such  rules  respecting  rotation  and 
the  designation  of  justices  shall  be  made  on 
or  before  the  25th  day  of  January,  1898,  and 
shall  be  published  in  the  City  Record  and  one 
newspaper  published  In  each  borough  at  lease 
once  before  the  first  day  of  February. 

2.  As  CO  the  hours  at  which  said  courts 
shall  be  opened  on  each  day  and  what  officers 
shall  be  in  attendance. 

3.  As  to  the  order  of  business  and  manner 
of  its  discharge. 

4.  As  to  the  manner  in  which  the  clerks 
and  assistant  clerks  shall  perform  their  du- 
ties, the  manner  of  keeping  records  and  pa- 
pers, the  collection  and  disposition  of  moneys 
and  keeping  accounts  of  the  same. 

6.  As  CO  the  maintenance  of  order  in  and 
about  the  courts  and  offices  thereof. 

Concurrence  of  majority. 

Sec.  1,376.  The  concurrence  of  a majority 
of  all  the  members  of  said  board  shall  be 
necessary  to  adopt  any  resolution  thereof. 

Bales  of  supreme  court  applicable. 

Sec.  1,377.  The  rules  and  regulations  of  the 
supreme  court,  as  they  may  be  from  time 
to  time,  shall  apply  to  the  municipal  court 
so  far  as  the  same  can  be  made  applicable. 

Clerks  to  acliuinister  oatlis. 

Sec.  1,378.  The  clerks  and  assistant  clerks 
of  the  said  municipal  court  are  authorized  to 
administer  oaths  in  the  city  of  New  York  In 
the  same  manner  and  with  the  like  effect  as 
clerks  of  courts  of  record. 

Justices  to  administer  oatlis,  etc. 

Sec.  1,379.  The  justices  of  said  municipal 
court  may  in  the  city  of  New  York,  by  vir- 
tue of  their  office,  administer  oaths,  take  depo- 
sitions and  acknowledgments  and  certify  the 
same  in  the  manner  and  with  like  effect  as 
justices  of  courts  of  record.  Sections  914  to 
917,  Inclusive,  and  section  3,319  of  the  code  of 
civil  procedure  apply  to  the  justices  of  said 
court. 

Access  to  court  bouses. 

Sec.  1,380.  The  justices  of  said  court  shall 
have  on  and  after  the  first  day  of  February, 
1898,  the  like  access  and  possession  of  the 
court  houses  that  theretofore  were  enjoyed  by 
the  justices  of  the  district  courts  and  justices 
of  the  peace  in  the  territory  included  within 
the  city  of  JSlew  York  as  constituted  by  this 
act;  and  it  shall  be  the  duty  of  the  municipal 
assembly  of  the  city  of  New  York  and  its  sev- 
eral officers  charged  with  duties  in  that  behalf 
to  supply  and  pay  for  whatever  may  be  neces- 
sary for  the  transaction  of  the  business  of 
said  municipal  court  and  the  justices  thereof, 
and  to  supply  all  proper  accommodations, 
books,  stationery  and  furniture  and  to  pay 
all  salaries,  compensations  and  expenses  and 
disbursements  herein  authorized,  and  the 
board  of  estimate  and  apportionment  shall  an- 
nually include  in  its  final  estimate  such  sums 
as  may  be  necessary  to  pay  the  same. 

Delivery  of  papers,  etc. 

Sec.  1,381.  On  the  first  day  of  February, 
1898,  it  shall  be  the  duty  of  the  district  court 
justices  and  justices  of  the  peace  whose  pow- 
ers and  jurisdiction  shall  have  been  termin- 
ated by  the  provisions  of  this  act,  or  of  any 
act  abolishing  towns  within  the  territory 
embraced  in  the  city  of  New  York  as  hereby 
constituted,  or  otherwise,  and  of  the  clerks 
and  assistant  clerks,  deputy  clerks  or  other 
officers  of  said  district  courts  or  justices’ 
courts  to  deliver  to  the  justices  of  the  said 


municipal  court  all  papers,  documents  and 
records  pertaining  to  their  office. 

Di.spositioii  of  causes  peiidlus  in  dis*. 
trict  coui'ts,  etc. 

Sec.  1,382.  No  action  or  proceeding  which 
shall  be  pending  at  midnight,  on  the  31st  day 
of  January,  1898,  in  any  district  court  or  jus- 
tices’ court  within  the  territory  included 
within  the  city  of  New  York  as  constituted 
hv  this  act,  shall  abate  by  reason  of  the  pas- 
sage of  this  act;  but  all  such  actions  and  pro- 
ceedings so  pending  shall  be  continued  there- 
after in  said  municipal  court;  and  the  said 
district  courts  and  justices’  courts  existing  on 
said  31si  day  of  January,  1898,  shall  have 
power  to  adjourn  any  action  or  proceeding 
then  pending  before  them  or  either  of  them 
to  the  first  day  of  February  following,  or  to 
some  day  thereafter  when  the  same  shall  be 
continued  before  the  municipal  court  in  the 
district  wherein  such  district  court  or  jus- 
tices’ court  shall  be  situated  or  held;  and  all 
papers,  documents  and  records  relating  to 
such  actions  or  proceeding^  shall  be  transmit- 
ted and  delivered  to  the  justices  designated 
to  hold  court  in  said  districts  respectively. 

Removal. 

Sec.  1,383.  The  justices  of  said  court  and  the 
clerks  and  assistant  clerks  thereof  may  be  re- 
moved for  cause  after  due  notice  and  an  op- 
portunity of  being  heard  by  the  appellate  di- 
vision of  the  supreme  court  in  the  judicial 
district  wherein  the  district  for  which  said 
justices  were  elected  or  appointed,  or  wherein 
the  district  for  which  such  clerks  or  assist- 
ant clerks  were  appointed,  is  situated. 

Justice.s  of  jlistrict  courts,  etc.,  to  act 
till  February  1,  1S98. 

Sec.  1,384.  Until  midnight  of  said  thirty-first 
day  of  January,  eighteen  hundred  and  ninety- 
eight,  the  district  courts  and  justices’  courts, 
and  the  justices,  clerks,  assistant  clerks,  at- 
tendants, stenographers,  interpreters  and  other 
employes  thereof,  in  any  and  all  portions  of 
the  territory  included  within  the  city  of  New 
York,  as  constituted  by  this  act,  shall  con- 
tinue to  perform  all  the  duties  and  exercise  all 
the  powers  which  may  be  by  law  imposed  on 
or  vested  in  them  on  the  thirty-first  day  of 
December,  eighteen  hundred  and  ninety-seven. 

TITLE  3. 

INFERIOR  COURTS  OF  CRIMINAL 
JURISDICTION. 

Division  of  city  for  such  purpose. 

Section  1,390.  For  the  purposes  of  adminis- 
tration of  criminal  justice,  the  city  of  New 
York,  as  hereby  constituted,  is  divided  into 
two  divisions,  as  follows:  The  first  division 

embraces  the  boroughs  of  the  Bronx  and  of 
Manhattan;  the  second  division  embraces  the 
boroughs  of  Brooklyn,  Queens  and  Richmond. 

Special  sessions  in  first  division  con- 
tinued. 

Sec.  1,391.  The  court  of  special  sessions  of 
the  city  and  county  of  New' York  now  existing 
is  continued  with  the  same  powers,  duties  and 
jurisdiction  as  it  shall  have  by  law  on  the 
thirty-first  day  of  December,  one  thousand 
eight  hundred  and  ninety-seven,  except  as 
herein  otherwise  provided  and  shall  be  known 
as  the  court  of  special  sessions  of  the  First 
division  of  the  city  of  New  York,  and  the  jus- 
tices of  the  said  court,  and  the  clerks,  deputy 
clerks,  and  other  employes  thereof  then  in 
office,  shall  continue  to  hold  their  offices  un- 
til the  expiration  of  their  respective  terms. 
Their  successors  shall  be  appointed  in  the 
same  manner  and  tav©  Rie  same  salary,  power* 


137 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


and  duties  as  are  provided  by  chapter  601  of 
the  laws  of  1895. 

City  masistrates  in  fli'st  division  con- 
tinued. 

Sec.  1,392.  The  city  magistrates  in  the  city 
of  New  York  appointed  pursuant  to  chapter 
six  hundred  and  one  of  the  laws  of  one  thou- 
sand eight  hundred  and  ninety-five  or  of 
any  act  amending  the  same  in  office  when  this 
act  takes  effect  shall  continue  to  hold  office 
until  the  expiration  of  their  respective  terms, 
and  shall  be  known  as  the  city  magistrates  of 
the  first  division  of  the  city  of  New  York,  and 
they  and  their  successors  shall  be  residents  of 
said  firstdivision.  They  shall  each  receivedur- 
ing  their  respective  terms  of  office  the  salaries 
which  they  were  receiving  at  the  time  this  act 
takes  effect.  Their  successors  shall  be 
appointed  in  the  same  manner  and  have  the 
same  powers  and  duties  as  are  provided  by 
said  chapter  601  of  the  laws  of  1895  and  shall 
each  receive  a salary  of  $6,000  a year. 
The  clerks,  clerks’  assistants,  and  other 
appointees  of  said  magistrates  and  their 
courts  in  office  when  this  act  takes  effect  shall 
continue  therein  until  the  expiration  of  their 
respective  terms.  The  board  of  city  magis- 
trates constituted  by  said  chapter  601  of  the 
laws  of  1895  shall  continue  and  shall  be 
known  as  the  board  of  magistrates  of  the 
first  division  of  the  city  of  New  York.  Said 
magistrates  and  said  board  of  magistrates 
and  said  clerks,  assistants  . and  other  ap- 
pointees shall  continue  to  have  and  exercise 
the  same  powers,  jurisdiction,  functions  and 
duties  within  said  first  division  as  they  or 
any  of  them  shall  have  by  law  upon  the  thirty- 
first  day  of  December,  1897,  except  as  herein 
otherwise  provided. 

Office  of  police  jnstice  abolished. 

See.  1,393  From  and  after  midnight  of 
the  thirty-first  day  of  January,  1898,  the  office 
of  police  Justice  in  any  part  cf  the  territorj' 
embraced  within  the  second  division  of  the 
city  of  New  York,  as  defined  in  section  1,330 
of  this  act  and  the  court  of  special  sessions 
in  the  city  of  Brooklyn,  is  and  are  abolished, 
and  all  authority,  power,  duty  and  jurisdiction 
then  vested  in  such  police  justices,  and  in 
the  courts  held  by  them,  and  in  the  clerks, 
deputy  clerks,  police  clerks  and  all  other 
officers  and  employes  of  said  justices  or  courts 
shall  cease  and  determine,  except  as  herein- 
after provided. 

City  ma^isti-ates  in  second  division. 

Sec.  1,394.  From  and  after  midnight  of  said 
thirty-first  day  of  January,  1898,  there  shall 
be  In  the  said  second  division  of  the  city  of 
Nev/  York  eleven  city  magistrates,  with  the 
jurisdiction  and  powers  hereinafter  prescrib- 
ed. The  police  justices  in  the  former  city  of 
Brooklyn  in  office  on  the  thirty-first  day  of 
January,  one  thousand  eight  hundred  and 
ninety-eight,  shall  continue  in  office  for  the 
residue  of  their  respective  terms,  but  shall 
be  known  as  city  magistrates  of  the  second 
division  of  the  city  of  New  York,  and  have 
the  powers  and  duties  hereinafter  prescribed 
for  city  magistrates  and  no  other.  On  or 
before  the  twentieth  day  cf  January;  1898, 
the  mayor  of  the  city  of  New  York  shall  ap- 
point five  additional  city  magistrates,  three  of 
whom  shall  be  residents  and  electors  of  the 
borough  of  Queens,  and  two  of  whom  shall 
be  residents  and  electors  of  the  borough  of 
Richmond,  all  of  whose  terms  shall  com- 
mence on  the  first  day  of  February,  1898.  The 
terms  of  one  of  said  magistrates  so  appointed 
for  each  of  said  boroughs  of  Queens  and  Rich- 
mond shall  expire  on  the  thirty-first  day 
of  December,  1905,  as  designated  by 
the  mayor,  and  the  terms  of  the  re- 
mainder of  the  magistrates  so  appointed  for 
Queens  and  Richmond  shall  expire  on  the 


thirty-first  day  of  December,  1907,  as  des- 
ignated by  the  mayor.  The  successors 
of  said  magistrates  shall  at  all  times 
thereafter  be  appointed  by  the  mayor  of  said 
city,  and  shall  be  residents  and  electors  of 
the  borough  from  which  said  magistrates 
whom  they  shall  be  appointed  to  succeed 
were  appointed,  and  shall  hold  office  for  ten 
years.  Upon  the  happening  of  any  vacancy 
in  said  office,  whether  by  expiration  of  a 
term  or  for  any  other  cause,  the  mayor  shall 
appoint  some  proper  person  to  fill  such  va- 
cancy within  thirty  days  after  the  same  oc- 
curs; and  in  case  such  vacancy  occurs  other- 
wise than  by  expiration  of  a term,  the  per- 
son appointed  to  fill  the  same  shall  be  ap- 
pointed for  the  unexpired  residue  of  the  term. 

Salary,  etc. 

Sec.  1,395.  The  salary  of  each  of  said  city 
magistrates  in  said  Second  division  shall  be 
six  thousand  dollars  a year,  to  be  paid  in 
equal  monthly  installments,  except  that  the 
said  magistrates  appointed  for  the  boroughs  of 
Queens  and  Richmond  respectively  shall  each 
receive  a salary  of  five  thousand  dollars  a 
year.  Upon  making  an  appointment  of  an  offictt 
pursuant  to  this  title  the  mayor  shall  make 
three  written  certificates  thereof,  each  of  which 
shall  state  the  title  of  the  office,  the  borough 
from  which  such  officer  is  appointed,  and  the 
term  for  which  the  appointment  is  made.  One 
of  such  certificates  he  shall  deliyer  to  the  per- 
son appointed  and  of  the  others  he  shall  cause 
one  to  be  filed  in  the  office  of  the  city  clerk,  and 
one  to  be  filed  in  the  office  of  the  clerk  of 
the  county  in  which  is  situated  the  borough 
from  which  such  person  is  appointed. 

Powers. 

Sec.  1,396.  The  said  magistrates  appointed 
or  continued  in  office  pursuant  to  this  title, 
shall  haye  and  exercise  within  the  said  Sec- 
ond divislot!  such  powers  as  are  conferred  by 
law  upon  the  city  magistrates  in  the  city  of 
New  York,  by  chapter  six  hundred  and  one 
of  the  laws  of  1895,  and  the  acts  amending 
the  same,  except  as  herein  otherwise  pro- 
yided. 

Board  of  magistrates. 

Sec.  1,397  The  said  magistrates  appointed 
and  continued  in  office  pursuant  bo  section 
1,394  of  this  act  shall  constitute  the  'board  of 
city  magistrates  of  the  Second  diyision  of  the 
city  of  New  York,  and  said  board  shall  haye 
the  same  powers,  duties,  anl  functions  as  are 
specified  in  sections  four,  fiye,  six  and  seyen 
of  said  chapter  601  of  the  laws  of  1895,  ex- 
cept as  herein  otherwise  proyJded. 

Magistrate  to  be  in  constant  attend'. 

ance. 

Sec.  1,398.  A city  magis'trate  shall  be  in 
constant  attendance  in  each  of  the  city  mag- 
istrates’ courts  between  the  hours  of  nine 
o’clock  in  the  morning  and  four  o’clock  in 
the  afternoon  on  eyery  day  except  Sundays 
and  legal  holidays,  but  Including  election  day; 
and  the  rules  for  rotation  of  magistrates  to 
be  made  as  proyided  in  subdivi-son  one  of 
section  fiye  of  said  chapter  601  of  the  laws  of 
1895  shall  not  require  the  magistrates  ap- 
pointed in  said  Second  division  to  hold  bourt 
in  any  other  borough  than  that  for  which  he 
was  appointed;  provided,  however,  that  if  a 
vacancy  exists  or  the  illness,  absence  of  other 
inability  of  any  magistrate  assigned  to  hold 
any  city  magistrate’s  court  in  either  division 
prevents  his  holding  the  same,  any  other  city 
magistrate  in  the  city  of  New  York  may  hold 
such  court. 

Transfer  of  charges. 

Sec.  1,399.  The  provisions  of  section  9 of 
said  chapter  601  of  the  laws  of  1895,  as  amend- 
ed by  chapter  908  of  the  laws  of  1895,  shall 
apply  to  all  of  said  city  magistrates  and  to 


all  charges  and  complaints  brought  before 
any  of  the  said  magistrates  appointed  pursu- 
ant to  this  title. 

ClerU.s  and  employes. 

Sec.  1400.  All  the  provisions  of  said  chapter 
601  of  the  laws  of  1895,  relating  to  the  ap- 
pointment of  police  clerks,  their  terms  of 
office,  compensation,  bonds,  powers  and  du- 
ties, the'  removal  of  the  same,  and  relating 
to  the  appointment,  compensation,  terms,  re- 
moval and  duties  of  clerks,  assistants,  stenog- 
raphers, interpreters  and  other  necessary  at- 
tendants (not  exceeding  two  for  each  court) 
shall  apply  to  and  govern  the  same  matters 
in  the  said  second  division;  provided  that  no 
such  clerk  or  other  officer  or  employe  ap- 
pointed by  said  board  of  city  magistrates  of 
said  second  division  shall  hold  any  other 
office  or  be  interested  in  any  other  business, 
but  shall  give  their  whole  time  to  their  re- 
spective duties,  and  shall  reside  in  the  bor- 
ough lor  the  city  magistrate’s  court  in  which 
they  shall  be  appointed  respectively;  and  the 
number  of  such  clerks  to  be  so  appointed  for 
said  second  division  shall  be  thirteen.  [Thus 
amended  by  Chapter  389,  Laws  of  1898.] 

Justices  of  special  sessiou.s  appointed. 

Sec.  1,401.  On  or  before  the  twentieth  day 
of  January,  1898,  the  mayor  of  said  city  of 
New  York  shall  appoint  five  justices  of  the 
court  of  special  sessions  of  the  second  divis- 
ion of  the  city  of  New  York  provided  for  by 
this  title,  who  shall  hold  office  until  the 
thirty-first  day  of  December.  1899,  1901,  1903, 
1905,  1907  and  1909  respectively,  as  designated 
by  the  mayor. 

Vacancies. 

Sec.  1,402.  Any  vacancy  in  said  office  shall 
be  filled  by  the  mayor  of  said  city  by  appoint- 
ment within  thirty  days  after  its  occurrence. 
If  such  vacancy  occur  otherwise  than  by  ex- 
piration of  a term  the  person  appointed  to 
fill  such  vacancy  shall  hold  office  for  the 
unexpired  term  of  the  justice  whom  he  suc- 
ceeds. If  the  vacancy  occur  by  the  expira- 
tion of  a term,  the  person  appointed  to  suc- 
ceed the  justice  whose  term  has  expired  shall 
hold  office  for  the  term  of  ten  years.  The 
salary  of  the  justices  of  the  court  of  special 
sessions  in  the  Second  division  shall  be  six 
thousand  dollars  a year,  to  be  paid  in  equal 
monthly  installments. 

Q.nalifioatioiis. 

Sec.  1403.  The  persons  eligible  to  be  ap- 
pointed justices  of  the  court  of  special  ses- 
sions and  city  magistrates  in  the  second  di- 
vision must  possess  the  same  qualifications 
and  be  subject  to  the  same  regulations  and 
requirements  as  are  prescribed  for  such  jus- 
tices and  magistrates  respectively  in  section 
25  of  said  chapter  601  of  the  laws  of  1895; 
provided  that  in  making  appointments  of  city 
magistrates  under  this  act,  the  mayor  may 
appoint  any  person  or  persons  who  now  Is 
serving  as  a city  magistrate  in  any  part  of 
the  territory  united  into  one  municipality  by 
this  act.  But  no  person  shall  be  appointed  to 
the  office  of  justice  of  the  court  of  special 
sessions  or  city  magistrate  unless  he  shall  be 
a resident  of  the  division  of  said  city  for 
which  he  shall  be  appointed.  [Thus  amended 
by  Chapter  367,  Laws  of  1899.] 

Clerks. 

Sec.  1,404.  All  the  provisions  of  said  chap- 
ter six  hundred  and  one  of  the  laws  of  eigh- 
teen hundred  and  ninety-five  respecting  the 
appointment  of  a clerk  and  deputy,  sten- 
ographer, interpreter  and  other  officers,  their 
salaries,  terms  of  office,  removal  and  duties 
shall  apply  to  the  court  of  sessions  in  said 
Second  division,  except  that  the  term 
of  office  of  such  clerk,  deputy  clerk 
and  other  officers  shall  commence  m 


138 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


the  first  day  of  February,  1898;  the 
terms  of  such  clerk  and  deputy  clerk 
shall  be  for  five  years  respectively,  and  the 
salary  of  said  clerk  shall  be  three  thousand 
dollars  a year,  payable  in  equal  monthly 
installments.  Said  clerk  and  deputy  clerk 
shall  be  residents  of  the  said  second  division. 
The  justices  of  said  court  of  special  sessions 
in  the  second  division  of  the  city  of  New 
York  shall  also  appoint  a clerk  of  said  court 
for  each  of  the  boroughs  of  Queens  and  Rich- 
mond. each  of  whom  shall  hold  office  for  five 
years  from  the  first  day  of  February,  1898, 
and  receive  a salary  of  two  thousand  dollars, 
payable  in  equal  monthly  installments.  The 
said  justices  may  also  appoint  such  officers 
and  attendants  for  said  court  in  the  said 
boroughs  of  Queens  and  Richmond,  including 
stenographerls  and  interpreters  as  may  be 
necessary  for  the  due  transaction  of  the 
business  of  said  court,  and  fix  and  alter  their 
salaries;  subject  to  the  power  of  reduction 
thereof  given  to  the  board  of  estimate  and 
apportionment.  All  the  provisions  of  said 
act  respecting  the  removal  and  duties  of  such 
officers  respectively  shall  apply  to  the  officers 
appointed  as  herein  provided. 

Court  of  slieoinl  sessions;  Uow  lield. 

Sec.  1,405.  The  court  of  special  sessions  of 
either  of  said  divisions  of  the  city  of  New 
York,  must  be  held  by  three  of  the  justices 
of  said  court,  and  any  order,  determination 
or  judgment  of  two  of  said  justices  shall  be 
the  order  determination  or  judgment  of  the 
court.  Said  court  shall  sit  in  every  month 
of  the  year  in  said  first  division  and  in  each 
of  said  boroughs  of  Brooklyn,  Queens  and 
Richmond. 

Jurisdiction. 

Sec.  l,4(ii>.  The  said  courts  of  special  ses- 
sions shall  have  jurisdiction  as  follows: 

1.  Except  as  otherwise  provided  in  this 
title,  the  said  courts  of  special  sessions  of 
the  city  of  New  York  shall  have  in  the  first 
instance  exclusive  jurisdiction  to  hear  and 
determine  all  charges  of  misdemeanors  com- 
mitted within  the  city  of  New  York,  except 
charges  of  libel.  Provided,  however,  that 
the  same  shall  be  tried  in  the  county  wherein 
such  misdemeanors  axe  charged  to  have  been 
committed. 

The  said  courts  shall,  however,  be  divest- 
ed of  jurisdiction  to  proceed  with  the  hearing 
and  determination  of  any  charge  of  misde- 
meanor in  either  of  the  following  cases: 

First:  if  before  the  commencement  of  the 
trial  in  said  court  of  any  person  accused  of 
a misdemeanor,  a grand  jury  shall  present 
an  indictment  against  the  same  person  for 
the  same  offense;  or 

Second;  If,  before  the  commencement  of 
any  such  trial,  a justice  of  the  supreme  court 
in  the  judicial  department  where  such  trial 
would  be  had;  or,  if  the  charge  be  triable  in 
the  county  of  New  York,  the  recorder  of  the 
county  of  New  York  or  a judge  authorized  to 
hold  a court  of  general  sessions  of  the  peace 
in  and  for  the  county  of  New  York;  or,  if  the 
charge  be  triable  in  another  county,  a county 
judge  of  such  county  shall  certify  that  it  is 
reasonable  that  such  charge  shall  be  prose- 
cuted by  indictment.  No  such  certificate 
shall  be  made  upon  the  application  of  a de- 
fendant, w'ithout  at  least  two  days  notice  to 
the  district  attorney,  but  pending  the  deter- 
mination of  the  application  therefor,  any  just- 
ice or  judge  authorized  to  make  such  certifi- 
cate may  order  that  all  proceedings  in  the 
court  of  special  sessions,  except  to  admit  to 
bail,  be  stayed  for  a period  or  for  successive 
periods,  which  shall  not  in  all  exceed  ten 
days.  Upon  the  service  of  said  order  upon 
the  clerk  of  the  said  court  of  special  sessions 
in  the  .county  wherein  the  charge  is 
Iriahle.  all  proceedings  thereon  in  said  court. 


except  to  admit  the  defendant  to  bail,  shall  be 
stayed  until  the  exp'ration  of  the  time  speci- 
fied in  said  order.  Upon  the  filing  of  the  cer- 
tificate aforesaid  with  the  clerk  of  the  said 
court  of  special  sessions,  in  the  county  where- 
in the  charge  is  triable,  all  further  proceed- 
ings thereon  by  said  court  of  special  sessions 
shall  be  stayed,  and  the  said  clerk  shall  with- 
in five  days  thereafter  make  a return  of  all 
proceedings  had  in  the  said  court  of  special 
sessions  relating  to  such  charge  and  transmit 
such  return  and  all  papers  relating  to  such 
charge,  together  with  said  certificate  and  any 
undertaking  given  by  the  defendant  to  the 
district  attorney  of  the  county  wherein  the 
misdemeanor  charged  is  alleged  to  have  been 
committed.  The  said  district  attorney  shall, 
without  delay,  present  the  said  charge  to  the 
grand  jury  of  said  county. 

Remission  of  flues. 

2.  They  shall  have  jurisdiction  at  the  re- 
quest of  a defendant  to  remit  a fine  imposed 
by  them  and  in  place  of  such  fine  to  substitute 
in  their  discretion  imprisonment. 

Bnstai'dy  proceedings. 

3.  They  shall  have  exclusive  jurisdiction  in 
the  first  instance  of  all  proceedings  respecting 
bastards  within  the  city  of  New  York  and  the 
jurisdiction  conferred  by  section  838  to  860  in- 
clusive of  the  code  of  criminal  procedure  shall 
be  exclusively  exercised  within  said  city  by 
said  courts.  The  application  specified  in  sec- 
tion 840  of  said  code  of  criminal  procedure 
shall  be  made  to  the  court  of  special  sessions 
in  the  county  wherein  a bastard  is  born  or 
where  the  woman  pregnant  of  a bastard  likely 
to  be  born  is. 

Application  of  existing  laws. 

4.  The  said  co'urt  and  its  justices  shall  have 
and  exercise  all  the  powers  and  jurisdiction 
not  inconsistent  with  this  act  which  on  the 
31st  day  of  December,  1897,  shall  by  law  be 
vested  in  the  court  or  justices  of  special  ses- 
sions in  the  city  and  county  of  New  York  and 
in  the  police  courts,  police  justices  and  courts 
of  special  sessions  in  any  part  of  the  territory 
embraced  within  the  city  of  New  York,  as  con- 
stituted by  this  act,  excepting  that  conferred 
upon  police  justices  of  the  City  of  Brooklyn  by 
section  2,234  of  the  code  of  civil  procedure;  and 
the  same  jurisdiction  and  powers  in  all  mat- 
ters relating  to  the  administration  of  the  crim- 
inal law  not  Inconsistent  with  this  act,  which 
on  said  31st  day  of  December,  1897,  shall  by 
law  be  vested  in  justices  of  the  peace  in  any 
part  of  said  territory. 

Pi’actice. 

Sec.  1,407.  On  and  after  the  first  day  of 
Fe'bruary,  1898,  all  sections  of  the  code  of 
criminal  procedure  consistent  with  this  act 
regulating  and  controlling  the  practice  and 
procedure  of  the  court  of  geneml  sessions  of 
the  peace  in  the  city  and  county  of  New  York 
shall  apply,  as  far  as  may  be,  to  the  practice 
and  procedure  in  the  said  courts  o-f  special 
sessions,  and  shall  regulate  and  control  the 
practice  and  procedure  of  said  courts  In  so 
far  as  their  jurisdiction  and  organization  will 
permit.  All  trials  in  said  courts  of  special 
sessions  provided  for  by  this  title  shall  he 
without  a jury. 

Justices  to  be  mugisti'n.tcs. 

Sec.  1,408.  The  justices  of  said  courts  of 
special  sessions  are  magistrates,  and  shall 
have  and  exercise  all  the  jurisdiction  and 
powers  noi  inconsistent  with  this  act  which 
are  by  law  conferred  upon  magistrates. 

Adoption  o£  rules. 

Sec.  1,409.  The  justices  of  said  courts  of 
special  sessions  shall  meet  and  adopt,  and 
may  from  time  to  time  amend  or  add  to  rules 
relating  to  the  following  subjects: 


1.  Regulating  the  procedure  and  practice 
of  said  courts. 

2.  Prescribing  the  duties  of  the  clerks  and 
'other  officers  and  attendants  of  said  courts. 

Regulation  of  time,  etc. 

Sec.  1,410.  The  justices  of  siaid  courts  of 
special  sessions  of  said  First  and  Second  di- 
visions of  the  city  of  New  York  respectively 
shall  meet  and  adopt  and  may  from  time  to 
time  amend  or  add  to  rules  relating  to  the 
fo'llowing  subjects: 

1.  Establishing  the  times  and  places  at 
which  said  court  shall  he  held  within  each 
of  said  divisions  respectively. 

2.  Assigning  the  justices  to  hold  said  courts 
from  time  to  time,  but  if  any  justice  assigned 
to  sit  In  said  court  at  any  time  shall  be  ab- 
sent any  other  justice  of  the  court  of  special 
sessions  in  the  city  of  New  York  may  sit  in 
his  place  and  sitead. 

Sec,  1,411.  It  shall  be  the  duty  of  the  dis- 
trict attorney  of  each  of  the  counties  of  New 
York,  Kings,  Queens  and  Richmond,  to  attend 
in  person  or  by  an  assistant  at  all  sessions  of 
said  courts  of  special  sessions  within  his 
county. 

Appeals  from  city  magistrates. 

Sec.  1,412.  All  provisions  of  law  conferring 
the  right  of  appeal  and  prescribing  the  pro- 
cedure on  appeal  to  the  court  of  general  ses- 
sions of  the  peace  in  the  city  and  county  of 
New  York  from  any  judgment  or  other  de- 
termination of  a police  justice,  including  a 
judgment  of  commitment  under  section  two 
hundred  and  ninety-one  of  the  penal  code,  or 
of  any  court  held  by  a police  justice,  shall 
apply  to  and  regulate  all  appeals  from  ary 
judgment  or  other  order  or  determination  of 
a city  magistrate  in  the  county  of  New  York 
and  the  right  of  appeal  to  said  court  of  general 
sessions  from  such  judgment  or  other  order  or 
determination  of  such  city  magistrate  in  the 
county  of  New  York  is  hereby  continued;  and 
the  like  appeal  is  hereby  granted  and  conferred 
from  the  judgment,  order  or  other  determina- 
tion of  a city  magistrate  elsewhere  within  the 
city  of  New  York  to  the  county  court  of  the 
county  where  the  same  is  made. 

Appeals  from  special  sessions. 

Sec.  1,413.  The  provisions  of  section  20 
of  chapter  601  of  the  laws  of  1895  respecting 
appeals  from  a judgment  or  determination  of 
the  court  of  special  sessions  in  the  city  and 
county  of  New  York  shall  continue  and  apply 
to  appeals  from  the  courts  of  special  sessions 
in  the  city  of  New  York,  as  constituted  by  this 

act. 

Delivery  of  papers,  ete. 

Sec.  1,414.  On  the  first  day  of  February, 
1898,  it  shall  be  the  duty  of  the  police  jus- 
tices, justices  of  the  peace  and  other  officers 
whose  powers  and  jurisdiefio'n  shall  have 
been  terminated  by  any  of  the  provisions  of 
this  act  or  of  any  act  abolishing  towns  and 
villages  within  the  territory  embraced  with- 
in the  city  of  New  York,  as  hereby  consti- 
tuted, or  otherwise,  to  deliver  over  to  the 
city  magistrates  appointed  pursuant  to  thi.s 
title  all  papers,  documents  and  records  of 
their  courts  appertaining  to  their  offices,  and 
in  like  manner  to  deliver  over  to  the  justices 
of  the  court  of  special  sessions  appointed  pur- 
suant to  this  act  all  papers,  documents  and 
records  pertaining  to  the  court  of  special  ses- 
sions. 

Possession  of  court  bouses. 

Sec.  1,415.  The  city  magistrates  and  jus- 
tices of  the  court  of  special  sessions  ap- 
pointed or  continuing  in  office  pursuant  to  this 
title  shall  have  on  and  after  the  said  first  day 
of  February,  1895,  the  like  access  and  pos- 
session In  respect  to  the  court  houses  or  other 
places  provided  for  the  proceedings  of  police 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


justices  wit'iin  said  city,  as  hereljy  consti- 
tuted, as  were  -theretofore  enjoyed  by  the  po- 
lice justices  in  the  territory  embraced  within 
said  city,  as  so  constituted.  And  it  shall  be 
the  duty  of  -the  city  of  New  Yor’:  and  its 
several  officers  charged  with  duties  in  t^iat 
behalf  to  supply  and  pay  for  whatever  may  be 
necessary  for  the  transaction  of  business  of 
the  said  city  magistrates  and  courts  of  spe- 
cial sessions  and  the  justices  thereof,  and  •to 
supply  all  proper  court  houses  and  accommo- 
dations, books,  stationery  and  furniture,  and 
to  pay  all  salaries,  compensations,  expenses 
and  disbursements  herein  authorized  or  au- 
thorized by  said  chapter  601  of  the  laws  of 
1895;  and  the  board  of  estimate  and  appor- 
tionment shall  annually  Include  in  its  final 
estimate  such  sums  as  may  be  necessary  to 
pay  such  salaries,  compensations,  expenses 
end  disbursements. 

Pending  actions. 

Sec.  1,416.  No  criminal  aetjon  or  other  pro- 
ceeding which  shall  be  pending  in  any  court 
of  special  sessions  or  any  proceeding  respect- 
ing bastards  which  shall  be  pending  before  a 
police  justice  or  a justice  or  justices  of  the 
peace  within  the  territory  embraced  in  the 
city  of  New  York,  as  constituted  by  this  act, 
at  midnight  on  the  thirty-first  day  of  January, 
1898,  shall  abate  or  be  any  wise  affected  by  the 
passage  of  this  title,  and  all  such  actions 
or  other  proceedings  so  pending  shali  thereaf- 
ter be  continued  before  the  court  of  special 
sessions,  as  provided  for  by  this  title.  And 
any  court  of  special  sessions  or  justice  of 
the  peac#  before  whom  any  such  action  or 
proceeding  shall  be  pending  at  said  time 
shall  have  power  to  adjourn  the  same  to  the 
first  day  of  February  or  some  day  thereafter, 
when  the  same  shall  be  continued  before  the 
court  of  special  sessions  as  herein  provided 
for. 

Designation  of  magistrates. 

Sec.  1,417.  The  mayor  of  the  city  of  New 
York  shall  on  or  before  the  twenty-fifth  day 
of  January,  1898,  designate  in  respect  to  all 
actions  and  proceedings  which  shali  be  pend- 
ing at  midnight  on  the  said  thirty-first  day  of 
January,  1898,  before  each  of  the  police  jus- 
tices and  justices  of  the  peace  in  the  territory 
embraced  within  the  said  second  division  of 
the  city  of  New  York,  which  of  the  magis- 
trates appointed  by  him,  pursuant  to  this  act, 
shall  thereafter  have  jurisdiction  thereof,  and 
the  same  shall  be  thereafter  transferred  to 
end  continued  before  the  several  magistrates 
so  designated  respectively.  Such  designation 
shall  be  published  by  the  mayor  for  three  days 
prior  to  the  first  Jay  of  February,  1898,  in  the 
City  Record,  and  at  least  once  in  a newsipaper 
published  in  each  borough  within  said  second 
division. 

JnsticeH  to  net. 

Sec.  1,418.  Until  midnight  of  said  thirty-first 
day  of  January,  1898,  the  several  police  jus- 
t’ces  and  justices  of  the  peace  within  the  ter- 
ritory included  within  said  second  division 
shall  continue  to  exercise  all  the  authority, 
power,  jurisdiction  and  duties  given  and  im- 
posed upon  them  by  law  on  the  thirty-first 
day  of  December,  1897. 

TITLE  4. 

THE  MARSHALS. 

Sec.  1,424.  The  marshals  in  the  city  of 
New  York  as  heretofore  known  and  bounded, 
and  the  marshals  and  constables  in  the  cities 
of  Brooklyn  and  Long  Island  City,  and  in 
the  several  towns  mentioned  in  section 
1 of  chapter  1 of  this  act,  in  office  at 
the  time  this  act  shall  take  effect,  shall  con- 
tinue to  hold  such  offices  and  perform  the 


duties  thereof  until  midnight  of  the  thirty- 
first  day  of  January,  one  thousand  eight  hun- 
dred and  ninety-eight,  and  said  terms  ol 
office  shall  then  expire,  except  those  of  the 
marshals  in  the  late  city  of  New  York  and 
the  marshals  in  the  late  city  of  Brooklyn, 
who  shall  continue  to  be  marshals  of  the  city 
of  New  York,  as  hereby  constituted,  till  the 
expiration  of  their  respective  terms. 

Sec.  1,425.  On  or  before  the  twentieth  day 
of  January,  1898,  the  mayor  of  the  city  of 
New  York  shall  appoint  ten  marshals  in  the 
mamier  provided  in  the  next  section,  who 
shali  hold  their  respective  offices  for  si.x 
years,  and  there  shall  be  appointed  in  the  like 
manner  every  sixth  year  hereafter  the  same 
number  of  marshals  for  the  like  terms.  Any 
person  appointed  after  the  commencement 
of  the  term,  as  herein  prescribed,  shall  hold 
only  until  the  expiration  of  the  term  and  un- 
til a successor  is  duly  appointed  and  has  qual- 
ified. 

Sec.  1,426.  Six  of  said  marshals  so  to  be 
appointed  shall  be  residents  of  the  borough 
of  Queens  and  four  residents  of  the  borough 
of  Richmond,  and  said  marshals  shall  be  as- 
signed by  the  mayor  to  such  duty  within  the 
boroughs  wherein  they  reside  respectively 
as  is  or  may  be  provided  by  law. 

Sec.  1,427.  On  the  expiration  of  the  terms 
of  said  marshals  of  the  city  of  New  York  men- 
tioned in  the  last  clause  of  section  1,424  of 
this  act,  the  said  mayor  shall  appoint  their 
successors  for  terms  of  six  years  respectively. 

Sec.  1,428.  In  so  far  as  consistent  with  this 
act,  the  provisions  of  law  relating  to  the 
bonds,  duties,  powers  and  fees  of  marshals, 
and  all  other  matters  concerning  marshals  in 
the  city  of  New  York  in  force  on  the  thirty- 
first  day  of  December,  1897,  shall  apply  to  the 
marshals  appointed  or  continued  in  office  pur- 
suant to  this  title;  provided,  however,  that 
the  bonds  of  said  marshals  so  appointed  pur- 
suant to  this  title  shall  be  filed  in  the  office  of 
the  city  clerk,  and  that  in  the  prosecution  of 
the  official  bonds  of  all  marshals,  application 
for  leave  to  prosecute  the  same  shall  be  made 
to  a justice  of  the  supreme  court  at  chambers 
in  the  judicial  department  wherein  the  bor- 
ough for  which  such  marshal  shall  have  been 
appointed  is  situated,  and  such  leave  shall 
not  be  granted  unless  it  appears  that  a tran- 
script of  the  judgment  against  such  marshal 
has  been  filed  in  the  office  of  the  clerk  of  the 
county  within  which  such  borough  is  situated, 
and  such  justice  may  order  such  bond  to  be 
prosecuted  in  the  municipal  court  of  the  cky 
of  New  York,  or  in  the  city  court  of  the  city 
ol  New  York  if  such  borough  be  within  the 
county  of  New  York,  or  in  the  county  cour: 
of  the  county  wherein  such  borough  lies,  if 
in  any  other  county. 

Sec.  1,429.  The  mayor  may  remove  any  mar- 
shal. after  giving  him  an  opportunity  to  be 
heard,  upon  charges  in  writing  preferred 
against  such  marshal  and  filed  with  the 
mayor. 

CHAPTER  XXI. 

THE  ACQUISITION  OP  LANDS  AND  IN- 
TERESTS THEREIN  FOR  PUBLIC 
PURPOSES. 

Procedure  for  acquirement  of  lands 
and  interests  tUerein. 

Sec.  1,435.  Whenever  the  city  of  New  York, 
or  any  of  the  departments,  including  the  de- 
partment of  education,  or  boards  of  the  said 
city  government,  shall  be  authorized  by  law 
to  acquire  title  to  real  estate  or  any  tene- 
ments, hereditaments,  corporeal  or  incor- 
poreal rights  in  the  same,  for  any  public  use 
or  purpose  by  condemnation,  the  proceeding 
for  that  purpose  shall  be  taken  and  conducted 


in  the  manner  prescribed  in  this  title,  except 
as  pi-ovitlod  in  section  1,448  of  this  act. 

Mjijis  he  iircjiiii'cd ; entry  on  |trciu« 

ises  tor  exainimition  tlicr«'of. 

Sec.  1436.  When  any  such  lands  have  been 
selected,  and  the  said  department  oi'  board  has 
determined  to  take  proceedings  for  the  acqui- 
sition of  the  same,  said  department  or  board 
shall  cause  two  similar  surveys,  maps  or  plans 
thereof  to  be  prepared,  one  of  which  shall  be 
filed  in  the  office  of  the  said  department  or 
board,  and  the  other  of  whir-h  shall  be  filed 
in  the  office  of  the  register  or  county  clerk  of 
the  county  in  which  the  lands  are  situated; 
and  it  shall  be  lawful  for  the  duly  au- 
thorized agents  of  the  said  department  or 
board,  and  all  persons  acting  under  its  au- 
thority, and  by  its  direction,  to  enter,  in  the 
daytime,  into  and  upon  any  and  all  lands,  ten- 
ements and  hereditaments  which  it  shall  bo 
necessary  to  enter  into  and  upon  for  the  pur- 
pose of  making  such  surveys,  maps  or  plans 
or  for  the  purpose  of  making  such  soundings 
or  borings  as  the  said  department  or  board 
may  deem  necessary. 

Ai6iK>is2tmc-ial  diitic.s  of  coanniis— 

sioiscis  of  estamjilo. 

Sec.  1.437.  When  the  said  maps,  surveys  or 
plans  have  been  filed  as  hereinbefore  provid- 
ed, the  said  department  or  hoard  of  the  said 
city  acting  by  and  through  the  corporation  coun- 
sel of  said  city,  is  hereby  authorized  to  make 
application  to  a special  term  of  the  supreme 
court,  in  and  for  the  judicial  district  in  which 
said  lands  are  situated,  for  the  appointment 
of  commissioners  of  estimate,  and  the  said 
court  shail  thereupon  name  three  discreet  and 
disinterested  persons,  being  residents  of  the 
city  of  New  York,  as  such  commissioners  of 
estimate,  for  the  purpose  of  performing  the 
duties  hereinafter  mentioned.  Ten  days’  no- 
tice of  such  application,  Sundays  and  holidays 
excluded,  shall  be  published  in  the  City  Rec- 
ord and  the  corporation  newspapers,  and  al- 
so at  the  option  of  the  corporation  counsel  in 
other  newspapers,  not  exceeding  three  in  num- 
ber, published  in  said  city  of  New  York.  Up- 
on the  appointment  of  said  commissioners 
they  shall  severally  take  and  subscribe  an 
oath  or  affirmation,  before  some  officer  author- 
ized to  administer  oaths,  in  the  form  required 
by  section  1 of  article  13  of  the  constitution 
of  this  state,  which  oaths  shall  be  forthwith 
filed  in  the  office  of  the  clerk  of  the  supremo 
court  in  the  judicial  district  in  which  said 
lands  are  situated.  It  shall  be  the  duty  of  the 
said  commissioners,  after  having  viewed  the 
said  lands,  tenements,  hereditaments  and 
premises  required  for  public  uses  and  pur- 
poses, as  above  set  forth,  to  make  a just  and 
equitable  estimate  of  the  loss  and  damage  to 
the  respective  owners,  lessees,  parties  and 
persons  respectively  entitled  to  or  interested 
in  the  said  lands,  tenements,  hereditaments 
and  premises,  and  to  make  report  thereof  to 
the  said  supreme  court  with  due  diligence. 

Rejioi'ts  of  commissioners  of  estimate; 

l>reseiitation  thereof  to  the  court; 

when  title  to  vest  in  city. 

Sec.  1,438.  In  each  and  all  and  every  case 
when  the  owners,  or  parties  Interested,  or 
their  respective  estates  and  interests  are  un- 
known, or  not  fuliy  known,  to  the  said  com- 
missioners, it  shall  be  sufficient  for  them  to 
estimate  and  set  forth  and  state  in  their  said 
reports,  in  general  terms,  the  respective  sums 
to  be  allowed  and  paid  to  the  owners  and  pro- 
prietors generally  of  such  lands,  tenements, 
hereditaments  and  premises  and  parties  in- 
terested therein,  for  the  loss  and  damage  to 
such  owners,  proprietors  and  parties  interest- 
ed in  respect  of  the  whole  estate  and  inter- 
est of  whomsoever  may  be  entitled  unto  or 
interested  in  said  lands,  tenements,  heredity* 


140 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK, 


ments  and  premises  respectively,  by  and  in 
consequence  of  the  taking  of  the  same  as 
herein  provided,  without  specifying  the  names 
of  the  estate  or  interests  of  such  owners,  pro- 
prietors and  parties  interested,  or  either  of 
them,  and  upon  the  coming  in  o.f  the  said  re- 
port, signed  by  the  said  commissioners,  or  a 
majority  of  them,  the  said  supreme  court  at 
a special  term  thereof  held  in  and  for  the 
judicial  district  as  aforesaid,  shall,  by  order, 
upon  application  of  the  said  city,  or  the  said 
department  or  board  of  the  government  there- 
of conducting  said  proceeding,  after  hearing 
any  matter  which  may  be  alleged  against  the 
same,  either  confirm  said  report  in  whole  or 
in  part  or  refer  the  same  back  to  the  same 
commissioners  for  revisal  and  correction,  or 
to  new  commissioners,  to  be  appointed  by 
the  said  court,  to  reconsider  the  subject  mat- 
ter thereof,  and  the  said  commissioners  to 
whom  the  said  report  shall  be  so  referred 
shall  return  the  said  report,  corrected  and  re- 
vised, or  a new  report,  to  be  made  by  them, 
as  aforesaid,  in  the  premises,  to  the  said 
court,  without  unnecessary  delay,  and  the 
same  on  being  so  returned  shall  be  confirmed 
or  again  referred  by  the  said  court,  as  Justice 
shall  require,  and  such  report  when  confirmed 
by  said  court,  in  wfiole  or  in  part,  shall  be 
final  and  conclusive,  as  well  upon  the  said 
city  and  the  said  department  or  board  as  up- 
on the  owners,  lessees,  persons  and  parties  in- 
terested in  and  entitled  to  the  lands,  tene- 
ments, hereditaments  and  premises  mentioned 
In  said  report,  and  also  upon  all  other  persons 
whomsoever.  And  on  the  final  confirmation 
of  said. report,  the  said  city  of  New  York,  ex- 
cept as  hereinafter  provided,  shall  become 
and  be  seized,  in  fee  simple  absolute,  of  the 
lands  included  in  said  report,  the  same  to  be 
converted,  appropriated  and  used  to  and  for 
the  purposes  for  which  the  same  shall  be  ac- 
quired accordingly.  And  thereupon  the  said 
city,  acting  by  and  through  the  department 
or  beard  instituting  and  having  charge  of  said 
proceeding,  shall  immediately  take  possession 
of  the  same,  without  any  suit  or  proceedings 
at  law  for  that  purpose,  and  all  leases  and 
other  contracts  in  regard  to  the  said  lands 
60  taken,  or  any  part  thereof,  and  all  cove- 
nants, contracts,  or  engagements  between 
landlords  and  tenants, or  any  other  contracting 
parties,  shall,  upon  the  confirmation  of  such 
reports,  respectively  cease  and  determine  and 
be  absolutely  discharged  according  to  law. 

WUeii  title  may  be  vested  by  resola- 

tlon. 

Sec.  1,439.  Should  the  department  or  board 
of  the  said  city  government  instituting  the 
said  proceeding,  deem  it  for  the  public  inter- 
est that  the  title  to  the  lands  and  premises, 
or  any  interest  therein,  required  for  any  pub- 
lic improvement  or  for  any  public  purpose 
and  acquired  hereunder,  should  be  acquired 
by  the  city  of  New  York  at  a fixed  or  speci- 
fied time,  the  said  department  or  board  may 
direct,  by  resolution  passed  before  the  appli- 
cation to  the  court  for  the  appointment  of 
commissioners  of  estimate,  made  under  sec- 
tion 1,437  of  this  act,  and  which  said  resolu- 
tion shall  be  recited  in  the  petitio^n  for  the 
appointment  of  such  commissioners,  that  at 
a date  four  months  after  the  filing  of  the 
oaths  of  said  commissioners,  the  title  to  any 
piece  or  parcel  of  land,  or  to  any  Interest 
therein,  to  be  taken  or  acquired  in  the  said 
proceeding,  shail  vest  in  the  city  of  New 
York.  At  the  expiration  of  said  four  months 
from  the  filing  of  said  oaths,  the  said  city 
of  New  York  shall  become  and  be  seized  in 
fee  of  said  lands,  tenements  and  heredita- 
ments and  all  interests  therein  in  said  resolu- 
tion mentioned,  that  shall  or  may  be  acquired 
as  aforesaid,  the  same  to  be  held,  appropri- 
ated. converted  and  used  to  and  for  the  pur- 


poses for  which  the  said  proceeding  is  insti- 
tuted. In  such  cases  interest  at  the  legal 
rate  upon  the  sum  or  sums  to  which  the  own- 
ers, lessees,  parties  or  persona  Interested 
In  the  said  real  estate  or  interests  therein  are 
Justly  entitled  upon  the  date  of  the  vesting  of 
title  in  the  city  of  New  York,  as  aforesaid, 
from  said  date  to  the  date  of  the  payment  of 
the  award  made  to  such  owners,  lessees,  par- 
ties or  persons  in  Interest  shall  be  paid  as 
hereinafter  set  forth.  And  at  the  expiration 
of  the  said  four  months  and  upon  the  vest- 
• ing  of  said  title,  the  said  city,  acting  by  and 
through  the  said  department  or  board  con- 
ducting said  proceeding,  shall  immediately 
take  possession  of  the  lands  Included  in  the 
same  and  the  interests  thereby  affected, 
without  any  suit  or  proceeding  at  law  for  that 
purpose.  And  all  leases  and  other  contracts 
in  regard  to  said  lands  so  taken,  or  any  part 
thereof,  and  all  covenants,  contracts  or  en- 
gagements between  landlords  and  tenants  or 
any  other  contracting  parties  shall,  upon  the 
vesting  of  said  title,  respectively  cease  and 
determine  and  be  discharged  according  to 
law. 

Notice  of  deposit  and  presentation  of 
report;  payment  of  awards  witb  in- 
terest. 

Sec.  1,440.  The  said  commissioners  of  esti- 
mate, at  least  fourteen  days  before  they  pre- 
sent their  report  to  the  supreme  court,  shall 
deposit  a true  report  or  transcript  of  such 
estimate  in  the  office  of  the  department  or 
board  conducting  such  proceeding,  for  the  in- 
spection of  whomsoever  It  may  concern,  and 
shall  give  daily  notice  by  advertisement  in 
the  City  Record  and  the  corporation  news- 
papers, and  also,  at  the  option  of  the  corpora- 
tion counsel,  in  other  newspapers,  not  ex- 
ceeding three  in  number,  published  in  said 
city  of  New  York,  for  ten  days,  Sundays  and 
holidays  excluded,  after  depositing  such  re- 
port, of  the  said  deposit  thereof  in  said  office, 
and  for  the  day  on  which  the  said  report  will 
be  presented  to  eaid  court,  and  any  person 
or  persons  whose  rights  may  be  affected 
thereby,  and  who  may  object  to  the  same,  or 
any  part  thereof,  may,  within  ten  days  after 
the  first  publication  of  such  notice,  set  forth 
their  objections  to  the  same  in  writing  to 
the  said  commissioners,  who  shall,  after  hear- 
ing the  parties  so  objecting,  thereupon  re- 
consider their  said  estimate  and  assessment,  or 
the  part  or  parts  thereof  so  objected  to,  and 
in  case  the  same  shall  appear  to  them  to  re- 
quire correction,  but  not  otherwise,  they 
shall  and  may  correct' the  same  accordingly. 
The  said  city  of  New  York  shall,  within  two 
calendar  months  after  the  confirmation  of  the 
said  report,  pay  to  the  parties  entitled  there- 
to the  respective  sum  or  sums  so  estimated 
and  reported  in  their  favor  respectively,  with 
lawful  interest  from  the  date  of  the  confirma- 
tioA  of  the  report  of  said  commissioners,  or 
if  title  to  said  lands  shall  have  vested  In  the 
city  under  section  1,438  of  this  act,  from  the 
date  of  said  vesting:  and  in  default  thereof 
said  persons  or  parties  respectively,  his,  her, 
of  their  respective  heirs,  executors,  adminis- 
trators, successors  or  assigns,  may  at  any  time 
or  times  after  application  first  made,  by  him, 
her.or  them  to  the  controller  of  the  city  of  New 
York  for  payment  thereof,  sue  for  and  recover 
the  same  with  lawful  interest,  as  aforesaid, 
and  the  costs  of  suit. 

Owners  nnkuown,  infants,  or  of  nn- 
sonnd  mind. 

Sec.  1,441.  Whenever  the  owners  and  pro- 
prietors of  any  lands,  tenements,  heredita- 
ments and  premises  to  be  taken  for  any  of  the 
purposes  aforesaid,  or  the  party  or  parties, 
person  or  persons  iutei'ested  therein,  or  any  or 
either  of  them,  the  said  owners,  proprietors. 


partites  or  persons,  in  whose  favor  any  such 
sum  or  sums  or  compensation  shall  be  so  re- 
ported, shall  be  under  the  age  of  21  years,  non 
compos  rnentis  or  absent  from  the  city  of 
New  York;  and  also  In  all  cases  where  the 
name  or  names  of  the  owner  or  owners,  parties 
or  persons  entitled  unto  or  interested  in  any 
lands,  tenements,  hereditaments  or  premises 
that  may  be  so  taken  for  any  of  the  purposes 
aforesaid,  shall  not  be  set  forth  or  mentioned 
in  said  report;  or  when  the  said  owners,  par- 
ties or  persons  respectively,  being  named 
therein,  cannot,  upon  diligent  Inquiry,  be 
found,  it  shall  be  lawful  for  the  said  city  of 
New  York  to  pay  the  sum  or  sums  mentioned 
in  the  report  as  payable,  or  that  would  be 
coming  to  such  owners,  proprietors,  parties 
and  persons  respectively,  into  the  supreme 
court,  to  be  secured,  disposed  of,  invested 
and  paid  out,  as  the  appellate  division  of  the 
supreme  court,  in  said  Judicial  district,  shall 
direct;  and  such  payment  shall  be  as  valid  and 
effectual  in  all  respects  as  if  made  to  the  said 
owners,  proprietors,  parties  and  persons  re- 
spectively, themselves,  according  to  their 
Just  rights,  if  they  had  been  known,  and  had 
all  been  present,  of  full  age,  compos  mentis; 
and  provided,  also,  that  in  all  and  each  and 
every  case  or  cases,  where  any  such  sum  or 
sums  or  compensation,  so  to  be  reported  by 
said  commissioners  in  favor  of  any  person  or 
persons,  party  or  parties  whatsoever,  whether 
named  or  not  named  in  said  report,  shall  be 
paid  to  any  person  or  persons,  party  or  parties 
whatsoever,  when  the  same  shall  of  right  be- 
long to  and  ought  to  have  been  paid  to  some 
other  person  or  persons,  party  or  parties,  it 
shall  be  lawful  for  the  person  or  persons,  party 
or  parties  to  whom  the  said  sum  or  sums  ought 
to  have  been  paid,  to  sue  for  and  recover  the 
same,  with  lawful  interest  and  costs  of  suit, 
as  so  much  money  had  and  received  to  his,  her 
or  their  use,  by  the  person  or  persons,  party 
or  parties,  respectively,  to  whom  the  same 
shall  have  been  so  paid.  Payment  of  the  com- 
pensation awarded  by  said  commissioners  of 
estimate  to  the  persons  named  in  their  report 
(if  not  infants  or  persons  of  unsound  mind) 
shall,  in  the  absence  of  notice  to  the  controller 
of  the  city  of  New  York  of  adverse  claims 
thereto,  protect  said  city.  The  said  commis- 
sioners of  estimate  shall  include  and  set  forth 
in  their  report  the  names  of  the  respective 
owners,  lessees,  parties  and  persons  entitled 
unto  or  interested  in  said  report,  and  each  and 
every  part  - and  parcel  thereof,  as  far  as 
the  same  shall  be  ascertained  by  them,  and  add 
a designation  and  description  of  such  respect- 
ive lands  and  parcels  of  land  aforesaid,  and 
also  the  several  respective  sums  estimated  as 
and  for  the  compensation  and  recompense  or 
allowance  to  be  made  for  the  loss  and  damage 
of  the  respective  owners  of  the  fee  or  inherit- 
ance of  such  lands,  tenements,  hereditaments 
and  premises  respectively,  and  for  the  loss 
and  damage  of  the  respective  owners  of  the 
leasehold  estate,  or  their  interest  therein,  sep- 
arately. And  the  said  commissioners  shall 
also  include  in  said  report  the  amount  of  their 
fees  and  all  costs  and  disbursements  for  ex- 
penses of  surveys,  maps  and  other  things. 

Appeal. 

Sec.  1,442.  Within  twenty  days  after  notice 
of  the  confirmation  of  the  report  of  the  com- 
missioners as  provided  for  in  section  1,433 
of  this  act,  any  party  interested  and  deeming 
himself  or  themselves  aggrieved  may  appeal 
by  notice  in  writing  to  the  other  party,  to  the 
appellate  division  of  the  supreme  court  in 
said  Judicial  district  from  the  appraisal  and 
report  of  the  commissioners.  Such  appeal 
shall  be  heard  on  due  notice  thereof,  being 
given  according  to  the  rules  and  practice  of 
said  court.  On  the  hearing  of  such  anpMi^ 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


141 


the  court  may  direct  a new  appraisal  and 
determination  of  any  question  passed  upon,  by 
the  same  or  new  commissioners,  in  its  dis- 
cretion,, but  from  any  determination  of  the 
special  term  an  appeal  may  be  taken  upon 
the  merits  to  the  said  appellate  division  of 
said  court  and  from  any  determination  of  the 
said  appellate  division  any  party,  if  aggrieved, 
may  take  an  appeal  to  the  court  of  appeals, 
hut  only  as  to  a question  affecting  the  prin- 
ciple of  the  assessment  of  damages  by  the 
said  commissioners.  In  the  case  of  a new 
appraisal  the  second  report  shall  be  filed  and 
notice  thereof  given,  and  such  review  upon 
appeal  or  otherwise  be  had  as  in  the  case  of 
an  original  report,  and  so  from  time  to  time 
until  a report  shall  be  presented  which  the 
said  court  at  special  term  shall  finally  af- 
firm, and  shall  be  affirmed  upon  appeal,  should 
any  appeal  be  taken.  But  the  taking  of  an 
appeal  by  any  person  or  persons  shall  not 
operate  to  stay  the  proceedings  under  this 
title  except  as  to  the  particular  parcel  of  real 
estate  with  which  the  said  appeal  is  concern- 
ed. Such  appeal  shall  be  heard  upon  the 
evidence  taken  before  such  commissioners, 
and  any  affidavits  as  to  irregularities. 

Removal,  etc.,  of  commissioners  of 
estimate. 

. Sec.  1,443.  In  case  of  death,  resignation,  in- 
sanity, disqualification,  refusal  or  neglect  to 
act,  or  removal  of  any  such  commissioner  of 
estimate  appointed  as  in  this  chapter  pro- 
vided, it  shall  and  may  be  lawful  for  the 
court  aforesaid,  at  a special  term  thereof,  held 
in  the  judicial  district  as  aforesaid,  on  the 
application  of  the  department  or  board  of  the 
cUy  of  New  York,  conducting  said  pro- 
ceeding, as  often  as  such  event  may  happen, 
to  appoint  a discreet  and  disinterested  person, 
being  a resident  of  the  said  city  of  New  York, 
in  the  place  and  stead  of  such  commissioner 
so  dying,  resigning,  becoming  insane  or  dis- 
qualified, refusing  or  neglecting  to  act,  or  re- 
moved, and  the  surviving  commissioners,  as 
the  case  may  be,  shall  have  full  power  to 
proceed  in  the  execution  of  the  duties  of  their 
appointment  until  the  successor  of  the  com- 
missioner so  dying,  becoming  insane,  resign- 
ing, being  disqualified,  neglecting  or  refus- 
ing to  act,  or  renoved,  shall  be  appointed. 
Ten  days’  notice  of  said  application  shall  be 
given  to  all  parties  who  have  appeared  in 
the  proceeding. 

Powers  of  commissioiiei's  and  of  a 
majority  thereof;  fees,  expenses. 

Sec.  1,444.  In  each  and  every  case  of  the  ap- 
pointment of  commissioners  under  this  act, 
it  shall  be  competent  and  lawful  for 
any  two  of  such  commissioners  so  ap- 
pointed as  aforesaid,  to  proceed  to 
and  execute  and  perform  the  trusts  and 
duties  of  their  said  appointment,  and  their 
acts  shall  be  as  valid  and  effectual  as  the 
acts  of  all  the  commissioners  if  they  had 
acted  together  would  have  been;  and  further, 
in  all  cases,  the  acts,  proceedings  and  decis- 
ions of  a major  part  of  such  of  the  commis- 
sioners as  shall  be  acting  in  the  premises, 
shall  be  as  valid,  binding  and  effectual  as  if 
the  said  commissioners  named  and  appointed 
for  such  purposes  had  all  concurred  and  joined 
therein.  In  the  said  proceedings,  any  of  the 
said  commissioners  of  estimate  may  issue 
subpenas  and  administer  oaths  to  witnesses. 
The  commissioners  appointed  under  and  by 
virtue  of  this  title,  who  shall  enter  upon  the 
duties  of  their  appointment,  shall  each  be 
entitled  to  receive  such  compensation  as  shall 
be  awarded  by  the  court,  upon  the  confirma- 
tion of  their  respective  reports,  not  exceed- 
ing ten  dollars  for  each  day  upon  which  they 
shall  meet  and  be  actually  and  necessarily 
employed  in  the  performance  of  their  duties 
as  commissioners,  beside  all  reasonable  ex- 


penses, to  be  taxed  and  allowed  by  said  court 
for  maps,  surveys,  clerk  hire,  and  other  neces- 
sacy  expenses  and  disbursements,  and  the 
same  shall  be  included  in,  considered  and  paid 
as  part  of  the  expenses  of  acquiring  the  lands 
or  interests  therein  for  the  acquirement  of 
which  the  said  proceeding  is  instituted. 

Amendments  of  defeets. 

Sec.  1,445.  The  special  term  of  the  supreme 
court,  in  the  judicial  district,  as  aforesaid, 
shall  have  power  at  any  time  to  amend  any 
defect  or  informality  in  any  of  the  special  pro- 
ceedings authorized  by  this  chapter  that  may 
be  necessary,  or  to  permit  any  person  having 
an  interest  therein,  to  be  made  a party  there- 
to, or  to  relieve  from  any  default,  mistake  or 
irregularity,  or  to  direct  such  further  notices 
to  be  given  to  any  party  in  interest  as  it 
deems  proper.  And  the  said  court  may,  at  any 
time,  remove  any  of  said  commissioners  of 
estimate  who,  in  its  judgment,  shall  be  in- 
capable of  serving,  or  who  shall,  for  any  rea- 
son in  its  judgment,  be  an  unfit  person  to 
serve  as  commissioner.  The  cause  of  such 
removal  shall  be  specified  in  the  order  mak- 
ing the  same.  If  iji  any  particular  it  shall 
at  any  time  be  found  necessary  to  amend  any 
pleading,  proceeding,  or  to  supply  any  defect 
therein  arising  in  the  course  of  any  special 
proceeding  authorized  by  this  aot,  the  same 
may  be  amended  or  supplied  in  such  a man- 
ner as  shall  be  directed  by  the  said  special 
term  of  the  supreme  court,  which  is  hereby 
authorized  to  make  such  amendment  or  cor- 
rection. 

Corporation  counsel  to  appear  and 

protect  interests  of  tlie  city. 

Sec.  1,446.  The  corporation  counsel  shall, 
either  in  person,  or  by  such  counsel  as  he 
shall  designate  tor  the  purpose,  appear  for 
and  protect  the  interests  of  the  city  in  all 
such  proceedings  in  court  and  before  the 
commissioners  of  estimate. 

Source  of  payment  of  awards  and  ex- 
penses. 

Sec.  1,447.  The  amounts  of  the  awards  made 
in  a proceeding  brought  under  this  chapter  for 
the  value  of  lands  and  interests  therein  taken 
hereunder,  shall  be  paid  out  of  the  fund  cre- 
ated by  the  act  authorizing  the  acquirement 
of  the  said  lands  or  interests  therein,  and  the 
money  for  the  payment  thereof,  together  with 
the  tees  of  the  commissioners  of  estimate, 
the  compensation  of  such  necessary  clerks  cr 
assistants  as  they  may  employ,  and  all  other 
necessary  expenses  in  and  about  the  special 
proceeding  instituted  under  this  chapter,  in- 
cluding the  fees  of  counsel  employed  by  the  cor- 
poration counsel  in  the  proceeding,  and  all 
other  reasonable  expenses  incurred  by  said 
corporation  counsel  in  the  conduct  of  said 
proceeding,  shall  be  also  paid  out  of  the  said 
fund  so  provided.  Such  fees  and  expenses 
shall  not  be  paid  until  they  have  been  taxed 
at  a special  term  of  the  supreme  court  in  the 
judicial  district  as  aforesaid,  upon  five  days’ 
notice  to  the  corporation  counsel  of  the  city 
of  New  York.  Upon  such  taxation  due  proof 
of  the  nature  and  extent  of  the  services  ren- 
dered and  disbursements  charged  shall  be  fur- 
nished, and  no  unnecessary  costs  or  charges 
shail  be  allowed.  .4.11  such  costs,  fees  and  ex- 
penses or  disbursements  to  be  taxed,  as  afore- 
said, shall  be  stated  in  detail  in  the  bill  of 
costs  and  charges  and  expenses,  and  shall  be 
accompanied  by  such  proof  of  the  reasonable- 
ness and  necessity  thereof,  as  is  now  required 
by  law  and  the  practice  of  the  said  court  upon 
taxation  of  costs  and  disbursements  in  other 
special  proceedings  or  actions  in  said  court. 

Wliat  proceedings  excepted  from  pro- 
visions of  this  chapter. 

Sec.  1,448.  The  provisions  of  this  chapter 
shall  not  apply  to  any  proceedings  for  the  pur- 


pose of  opening  any  streets,  avenues,  or  ijublic 
places,  parks  or  parkways,  or  to  any  proceed- 
ings for  the  improvement  of  or  in  connection 
with  the  water  supply  of  the  city  of  New 
York,  or  for  the  acquisition  of  iands  for  sewers 
or  drains  as  provided  in  section  561  of  this  act, 
or  for  the  acquisition  of  wharf  property 
for  the  improvement  of  the  water  front 
of  said  city,  or  to  any  proceedings,  of  any 
nature,  instituted  prior  to  the  time  of  the 
taking  effect  of  this  act,  and  such  proceeding 
shail  be  conducted  in  all  respects  as  if  tb»s 
act  had  not  been  passed. 

CHAPTEE  XXII. 

GENERAL,  ST.A'rLTI6S. 

Title  1.  The  Streets. 

2.  Amusements. 

3.  Birds. 

4.  Commercial  paper  during  epidemio. 

5.  Pharmacists  and  druggists. 

6.  Board  of  City  Record. 

7.  General  provisions. 

8.  Coroners. 

TITLE  1. 

'FHE  STREETS. 

Municipal  Es.sembly  to  I'egulate  driv- 
ing', etc. 

Section  1,454.  The  municipal  a.ssembly  is 
hereby  authorized  and  empowered  to  pass  or- 
dinances regulating  the  rate  of  speed  at 
which  horses  shall  be  driven  or  ridden,  and 
at  which  .vehicles  shall  be  propelled  through 
any  street  within  the  city  of  New  York,  and 
to  pass  ordinances  regulating  the  use  of  the 
streets  in  said  city  by  foot  passengers,  vehi- 
cles and  animals.  Any  person  violating  any 
ordinance  so  passed  shall  be  deemed  guilty  of 
a misdemeanor  and  upon  conviction  thereof 
by  any  magistrate,  either  upon  confession  of 
the  party  or  competent  testimony,  may  be 
fined  for  such  offense  any  sum  fixed  by  such 
ordinance  as  a penalty  not  exceeding  $10,  and 
in  default  of  payment  of  such  fine,  may  be 
committed  to  prison  by  such  magistrate  until 
the  same  be  paid;  but  such  imprisonment 
shall  not  exceed  ten  days.  Until  the  munic- 
ipal assembly  shall  pass  ordinances  regulating 
the  matters  which  by  this  title  to  such  mat- 
ters in  the  different  parts  of  the  city  of  New 
York  as  it  is  authorized  to  regulate,  the  laws 
and  ordinances  now  applicabie  constituted  by 
this  act,  shali  continue  and  remain  in  full 
force  and  effect. 

Law  of  the  road. 

Sec.  1,455.  In  all  cases  of  persons  meeting 
each  other  in  any  street  in  the  city  of  New 
York,  in  carriages,  wagons,  carts,  bicycles, 
tricycles  or  sleighs,  each  person  so  meeting 
shall  go  to  th*t  side  of  the  street  on  his  right, 
so  as  to  enable  the  carriages,  wagons,  carts, 
bicycles,  tricycles  or  sleighs  so  meeting  to 
pass  each  other,  under  the  penalty  of  five  dol- 
lars for  every  offense,  to  be  recovered  by  an 
action  with  costs  of  suit,  in  any  court  hav- 
ing cognizance  thereof,  by  any  person  suing 
for  the  same.  The  proprietor  of  the  carriage, 
wagon,  cart,  bicycle,  tricycle  or  sleigh,  neg- 
lecting or  refusing  to  turn  to  the  right,  as 
above  directed,  shall  be  considered  if  pres- 
ent at  the  time  of  such  meeting,  as  the  person 
committing  the  said  offense,  and  if  absent, 
then  the  driver  of  such  carriage,  wagon,  cart 
or  sleigh,  or  the  rider  of  such  bicycle  or  tri- 
cycle shall  be  so  considered. 

RiiLbisli,  nails,  etc.,  not  to  be  thi'owu 
in  the  streets. 

Sec.  1,456.  No  person  or  persons  shall 
throw,  cast  or  lay,  or  direct,  suffer,  or  per- 
mit any  servant,  agent,  or  employe  to  throw, 
cast  or  lay  any  ashes,  offal,  ve'getables,  gap- 


142 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


bage,  dposis,  cinders,  shells,  straw,  shavings, 
paper,  dirt,  filth  or  rubbish  of  any  kind  what- 
ever, in  any  street  in  the  city  cf  New  York. 
The  willful  violation  of  any  of  the  foregoing 
provisions  of  this  section  shall  'be  and  is 
hereby  declared  to  be  a misdemeanor,  and 
shall  bo  punished  by  a fine  of  not  less  than 
one  dollar  nor  more  than  ten  dollars,  or  by 
Imprisonment  for  a term  of  not  less  than 
one,  nor  mt.re  than  five  days.  It  shall  be 
a misderneanor,  punishable  by  a fine  of  not 
more  t)n.-ai  five  dollars  for  the  first  offense 
nor  mere  than  ten  dollars  for  the  second  of- 
fense, and  for  the  third  offense  not  less  than 
twenty-five  nor  more  than  fifty  dollars,  or 
by  imprisonment  for  not  less  than  three  nor 
more  than  thirty  days,  or  by  both  such  fine 
and  imprisonment,  for  any  person  being  the 
owner  or  the  agent,  or  the  employe  of  the 
owner  of  any  truck,  cart,  wagon,  cr  other 
vehicle,  or  of  any  box,  barrel,  bale  of  mer- 
chandise, or  other  movable  property,  to  leave, 
cr  suffer  or  permit  to  be  left,  such  truck, 
cart,  wagon  or  other  vehicle  unharnessed 
upon  any  pu'bl'ic  street  within  the  city  of  New 
York;  or,  except  upon  such  portion  of  any 
marginal  street  or  wharf  or  place  as,  by  the 
provisions  of  this  act,  is  committed  to  the 
custody  and  control  of  the  'board  cf  docks,  to 
leave,  or  suffer  or  permit  to  be  kept,  any 
such  barrel,  box.  bale,  or  other  property,  or 
to  ereot  cr  cause  to  'be  erected,  any  shed, 
building  or  other  obstruction  upon  any  such 
public  street;  except  that  in  case  of 
an  accident  to  a truck,  cart,  wagon  or 
other  vehicle,  the  owner  or  driver  of  said 
truck,  cart,  wagon  or  other  vehicle,  if  it  be 
disabled  by  such  accident,  shall  be  allowed 
a reasonable  time,  not  exceeding  three  hours, 
to  remove  it. 

Every  person  who  shall  willfully  throw, 
expose  or  place  or  who  shall  willfully  cause 
or  procure  to  be  thrown,  exposed  or  placed, 
in  or  upon  any  street  in  the  city  of  New  York, 
open  for  the  passage  of  animals,  any  nails, 
pieces  of  metal,  glass  or  other  substance  or 
thing  which  might  maim,  wound,  lame,  cut  or 
otherwise  injure  any  animal,  shall  be  guilty 
of  a misdemeanor. 

Every  person  who  shall  willfully  throw,  ex- 
pose or  place,  or  who  shall  cause  or  procure 
to  be  thrown,  exposed  or  placed  in  or  upon 
any  street  in  the  city  of  New  York,  open  for 
the  passage  of  animals,  except  upon  the 
curves,  crossings  or  switches  of  railroad 
tracks,  any  salt,  or  saltpetre,  for  the  pur- 
pose of  dissolving  any  snow  or  ice  which  may 
have  fallen  or  been  deposited  thereon,  shall 
be  guilty  of  a misdemeanor. 


any  street  of  the  city,  excepting  only  funeral 
processions  engaged  in  the  actual  burial  of 
the  dead,  and  processions  to  and  from  any 
place  of  worship  in  connection  with  a re- 
ligious service  there  celebi'ated,  are  forbid- 
den; and  in  no  such  excepted  case  shall  there 
be  any  music,  fireworks,  discharge  of  can- 
non or  firearms,  or  other  disturbing  noise; 
provided  that  in  any  military  or  Grand  Army 
of  the  Republic  funeral,  music  may  be  played 
while  escorting  the  body  to  and  from  such 
places,  but  such  music  shall  not  be  played 
within  one  block  of  any  place  of  worship 
where  worship  is  being  celebrated. 

Every  person  willfully  violating  any  pro- 
vision of  this  section  or  any  ordinance  passed 
by  the  municipal  assembly  pursuant  to  the 
last  preceding  section  shall  be  guilty  of  a mis- 
demeanor punishable  with  a fine  not  exceed- 
ing $20  or  imprisonment  not  exceeding  ten 
days,  or  both,  at  the  discretion  of  the  court. 

Stages  ami  oninlbases;  consent  of 
l»roperty  owners  necessary  before 
francliise  granted. 

Sec.  1,458.  No  stage  or  omnibus  route,  or 
authority  to  run  stages  or  oiiinibuses  in  the 
city  of  New  York,  shall  hereafter  be  granted 
by  the  municipal  assembly  unless  a majority 
of  -the  owners  of  property  upon  the  streets  in 
or  upon  wliich  any  such  route  or  privilege  is 
to  be  operated  shall,  before  the  municipal 
assembly  act  on  the  subject,  first  consent 
in  writing  thereto. 

Id.;  application  to  mayor,  etc.,  before 
route  established. 

Sec.  1,459.  Before  any  route  for  the  run- 
ning of  omnibuses  or  stages  shall  be  estab- 
lished or  allowed  to  be  operated  in  said  city, 
except;  as  provided  in  section  fourteen  hun- 
dred and  fifty-eight  of  this  act,  the  applica- 
tion therefor  shall  be  made  in  writing  to  the 
mayor  of  said  city,  specifying  the  route  pur- 
posed to  be  established  and  the  number  of 
stages  or  omnibuses  proposed  to  be  run  there- 
on; and  unless  the  said  mayor  shall  commu- 
nicate such  applicacion  to  the  municipal  as- 
sembly with  his  approval  thereof,  and  said 
municipal  assemibly  after  receiving  such  com- 
munication and  approval  shall  vote  in  favor 
thereof  by  a three-fourths  vote  of  all  the 
members  elected  to  each  house,  no  such 
route  shall  be  establi.shed  or  operated; 
and  upon  such  favorable  action  such 
route  may  be  established  and  operated  ac- 
cordingly, and  the  ownership  thereof  may  be 
transferred. 

Id.;  stage  route  to  be  disposed  of  like 
otlier  franebises. 


Processions  and  i>arades;  regulations 
concerning. 

Sec.  1,457.  All  processions  or  parades  occu- 
pying or  marching  upon  any  street,  to  the 
exclusion  or  interruption  of  other  citizens  in 
their  individual  right  and  use  thereof  (ex- 
cepting the  national  guard  and  the  police  and 
fire  departments,  and  associations  of  veteran 
soldiers)  are  forbidden  unless  written  notice 
of  the  object,  time  and  route  of  such  pro- 
cession or  parade  be  given  by  the  chief  officer 
thereof,  not  less  than  six  hours,  previous  to 
its  forming  or  marching,  to  the  police  au- 
thorities of  the  city,  and  it  may  be  lawful 
for  said  police  authorities  to  designate  to 
such  procession  or  parade  how  much  of  the 
street  in  width  it  can  occupy,  with  especial 
reference  to  crowded  thoroughfares  through 
which  said  procession  may  move,  and,  when 
so  designated,  the  chief  officer  of  said  proces- 
sion or  parade  shall  be  responsible  that  the 
designation  is  obeyed;  and  it  shall  be  the 
duty  of  the  police  authorities  to  furnish  such 
escort  as  rnay  be  necessary  to  protect  persons 
and  property  and  maintain  the  public  peace 
and  order. 

All  processions  or  parades  on  Sunday,  in 


• Sec.  1,460.  Any  scage  route  or  privilege 
hereafter  granted  by  ■the  municipal  assembly 
sha*il  be  disposed  of  in  the  manner  provided 
by  law  for  the  disposition  of  the  franchises 
of  said  city. 

Id.;  not  to  be  rnn  except  in  conformity 
with  preceding  seetion.s. 

Sec.  1,461.  It  shall  not  be  lawful  to  run 
stages  or  omnibuses  in  the  city  of  New  York, 
as  constituted  by  this  act,  except  in  conform- 
Ry  with  the  preceding  sections. 

Willfnlly  breaking  street  lamps,  etc. 


Sec.  1,462.  If  any  person  shall  willfully 
break,  take  down  or  carry  away  any  glass 
lamp  hung  or  fixed  in,  any  of  the  streets  of 
the  city  of  New  York;  or  extinguish  the  lights 
therein,  or  be  aiding  or  abetting  in  the  same 
or  shall  willfully  break  or  deface  any  glass, 
window,  porch,  knocker,  or  other  fixture  in 
the  said  city,  and  shall  be  convicted  thereof 
before  the  recorder,  or  before  any  city 
magistrate,  either  by  the  confession  of 
the  party  or  by  the  oath  of  one  or  more  cred- 
ible witness  or  witnesses,  he  or  she  shall, 
for  every  such  offense,  pay  a fine  not  ex- 
ceeding twenty-five  dollars.  Upon  refusal  of 


payment  of  such  fine,  it  shall  and  may  b» 
lawiul  for  such  recorder  or  justice,  before 
whom  such  conviction  shall  take  place,  to 
commit  such  offender  to  the  penitentiary, 
there  to  remain  until  such  fine  and  costs  are 
paid;  but  not  longer  than  for  the  space  of  two 
months,  and  if  any  such  offense  shall  be  com- 
mitted by  any  apprentice  or  servant,  such  for- 
feiture shall  be  paid  by  his  or  her  master  or 
mistress,  or  in  default  thereof,  such  appren- 
tice or  servant  shall  be  committed  to  such 
penitentiary  in  manner  aforesaid. 

Id.;  detaining  offender  until  name 

aNcerlaincd. 

Sec.  1,463.  It  shall  and  may  be  lawful  to 
and  for  any  sheriff,  deputy  sheriff,  marshal, 
or  member  of  the  police  force,  who  shall  sea 
any  person  commit  any  of  the  mischiefs  or 
trespasses  aforesaid,  if  such  'person  or  per- 
sons shall  be  unknown  to  such  sheriff,  deputy 
sheriff,  marshal,  or  member  of  the  police 
force,  to  seize,  secure,  and  detain  such  offend- 
er so  unknown  to  him  as  aforesaid,  until  he 
can  discover  the  name  of  such  offender,  or 
until  the  next  morning  (if  the  offense  shall 
be  commiUed  in  the  night  time  and  the  of- 
fender shall  refuse  to  discover  his  or  her 
name)  when  such  offender  shall  be  brought 
before  the  recorder  or  one  of  the  city 
magistrates,  who  on  conviction  of  such 
offender  shall  proceed  against  him  or 
her  in  the  manner  hereinbefore  directed;  and 
further,  in  case  any  person  shall  commit  any 
or  either  of  the  offenses  aforesaid  in  the 
presence  of  such  sheriff,  deputy  sheriff,  mar- 
shal, or  member  of  the  police  force,  then  every 
such  sheriff,  deputy  sheriff,  marshal  or  mem- 
ber of  the  police  force  shall  forthwith  give 
information  thereof  to  such  recorder  or  either 
of  the  city  magistrates,  in  order  that  such  of- 
fender may  be  convicted  thereof  and  pun- 
ished. 

Id.;  preceding  sections  no  bar  to  suit 

by  person  injured. 

Sec.  1,464.  Neither  the  two  preceding  sec- 
tions, nor  anything  therein  contained,  shall 
bar  or  preclude  any  person  or  persons  from  re- 
covering his,  her  or  their  damages  against  any 
other  person  or  persons  who  shall  be  guilty  of 
any  of  the  mischiefs  or  trespasses  aforesaid, 
but  the  same  may  be  recovered  in  the  same 
manner  as  if  they  had  never  been  passed. 

Id.;  informer  relieved  of  penalty,  etc. 

Sec.  1,465.  If  two  or  more  persons  shall  have 
been  jointly  concerned  in  committing  any  of 
the  offenses  aforesaid,  and  one  or  more  of 
them  (not  being  before  informed  against)  shall 
within  the  space  of  one  month  after  the  offense 
committed,  inform  against  any  or  all  the 
other  or  others  concerned  in  the  same  offense 
so  as  to  convict  him,  her  or  them,  the  person 
so  informing  shall  not  be  liable  to  the  payment 
of  the  fine  hereinbefore  mentioned. 
Definition  of  “street.” 

Sec.  1,466.  Whenever  the  word  "street”  or 
the  plural  thereof  occurs  in  this  title,  it 
shall  be  deemed  to  include,  unless  otherwise 
expressly  stated,  all  that  is  included  by  the 
terms  "street,  avenue,  road,  alley,  lane,  high- 
way, boulevard,  concourse,  public  square  and 
public  place,”  or  the  plurals  thereof,  respect- 
ively. 

TITLE  2. 

AMUSEMENTS. 

Public  exbibitions  to  be  licensed. 

Sec.  1,472.  It  shall  not  be  lawful  to  exhibit 
to  the  public  in  any  building,  garden  or 
grounds,  concert  room  or  other  place  or  room 
within  the  city  of  New  York,  any  interlude, 
tragedy,  comedy,  opera,  ballet,  play,  farce, 
minstrelsy  or  dancing,  or  any  other  entertain- 
ment Of  the  stage,  or  any  part  or  parts  there- 


143 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


In,  or  any  equestrian,  circus  or  dramatic  per- 
formance, or  any  perfomance  of  jugglers,  or 
rope  dancing,  or  acrobats,  until  i license  for 
the  place  of  such  exhibition  for  such  purpose 
shall  have  been  first  had  and  obtained,  as 
hereinafter  provided. 

Police  department  grants  license;  fee; 
penalty  for  neglect  to  obtain  license. 


act  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  shall  be  punished  by  im- 
prisonment in  the  penitentiary  for  a term  not 
less  than  three  months  nor  more  than  one 
year,  or  by  a fine  not  less  than  $100  nor  more 
than  $500,  or  by  both  such  fine  and  imprison- 
ment. 

Police,  etc.,  to  arrest  offenders. 


Sec.  1,473.  The  police  department  is  here- 
by authorized  and  empowered  to  grant  such 
license,  to  continue  in  force  until  the  first 
day  of  May  next  ensuing  the  grant  thereof, 
on  receiving  for  each  license  so  granted,  and 
before  the  issuing  thereof,  the  sum  of  five 
hundred  dollars;  and  every  manager  or  pro- 
prietor of  any  sifeh  exhibition  or  performance 
who  shall  neglect  to  take  out  such  license,  or 
consent,  or  cause,  or  allow  any  such  exhibi- 
tion or  performance,  or  any  single  one  of 
them  without  such  license,  and  every  person 
aiding  in  such  exhibition,  and  every  owner 
or  lessee  of  any  building,  part  of  a building, 
garden,  grounds,  concert  room  or  other  room 
or  place,  who  shall  lease  or  let  the  same  for 
the  purpose  of  any  such  exhibition  or  perform- 
ance, or  assent  that  the  same  be  used  for  any 
such  purpose,  except  as  permitted  by  such 
license,  and  without  such  license  having  been 
previously  obtained  and  then  in  force  if  the 
same  shall  be  used  for  such  purpose,  shall  be 
subject  to  a penalty  of  $100  for  every  such  ; 
exhibition  or  performance,  which  penalty  | 
shall  be  prosecuted,  sued  for  and  recovered  in  | 
the  name  of  the  city  of  New  York,  and  shall 
be  paid  to  the  chamberlain  of  the  city  of  New 
York,  to  be  paid  into  the  treasury  of  said 
chy. 

Id.;  commatation  of  license  fee. 

Sec.  1,474.  The  said  police  department  is 
hereby  authorized  to  grant  licenses  for  said 
exhibitions  or  performances  for  any  term  less 
than  one  year,  and  in  any  case  where  such 
license  is  for  a term  of  three  months  or  less, 
the  said  police  department  is  hereby  author-  i 
ized  to  commute  for  a sum  less  than  $500,  but  | 
in  no  case  less  than  $250  for  a theater,  or  $150 
tor  a circus,  concert  room,  or  other  building  or 
place  whatsoever. 

Id.;  fees  to  l»e  paid  over  to  controller. 

Sec.  1,475.  Upon  granting  every  such  license 
authorized  by  this  title,  the  said  police  de- 
partment shall  receive  from  the  person  to 
whom  the  same  shall  be  granted  the  amount 
payable  for  said  license,  as  above  provided, 
which  amounts  as  respectively  received  by 
it  shall  be  paid  over  to  the  controller  of  the 
city  of  New  York,  to  be  paid  into  the  treas- 
ury of  said  city. 


Sec.  1,478.  It  shall  be  the  duty  of  every  sher- 
iff. deputy  sheriff,  constable  and  of  every 
member  of  the  police  force  to  enter  at  any  time 
said  places  of  amusement  and  to  arrest  and 
convey  any  person  or  persons  violating  any 
provisions  of  sections  1,472  and  1,473  of  this 
act,  forthwith,  before  any  city  magistrate  or 
recorder  having  jurisdiction  in  said  city,  there 
to  be  dealt  with  according  to  law. 

Corporation  connsel  may  enjoin  ex- 
liibitions  vrithont  license. 

Sec.  1,479.  In  case  any  person  shall  open 
or  advertise  to  open  any  theater,  circus  or 
building,  garden  or  ground,  concert  room  or 
other  place  for  any  such  exhibition  or  per- 
formance in  said  city,  referred  to  in  section 
fourteen  hundred  and  seventy-two  of  this  act 
without  first  having  obtained  a license  there- 
for, as  provided  for  by  section  fourteen  hun- 
dred and  seventy-three  of  this  act,  it  shall  and 
may  be  lawful  for  the  corporation  counsel  of 
the  city  of  New  York  to  apply  to  the  supreme 
court,  or  any  justice  thereof,  for  an  injunc- 
tion to  restrain  the  opening  thereof  until  he 
shall  have  complied  with  the  requisites  of 
said  section  in  obtaining  such  license  and  also 
with  such  order  as  to  costs  as  such  court 
j or  justice  may  deem  just  and  proper  to  make; 
I which  injunction  may  be  allowed  upon  a com- 
! plaint  to  be  in  the  name  of  the  city  of  New 
; York  in  the  same  manner  as  injunctions  are 
now  usually  allowed  by  the  practice  of  said 
court.  Any  injunction  allowed  under  this 
section  may  be  served  by  posting  the  same 
upon  the  outer  door  of  the  theater  or  circus 
or  building  wherein  such  exhibitions  may  be 
proposed  to  be  held,  or  if  the  same  shall  be 
in  a garden  or  grounds,  then  by  posting  the 
same  at  or  on  or  near  the  entrance  way  to 
any  such  place  of  exhibition;  and  in  case  of 
any  proceeding  against  the  manager  or  pro- 
prietor of  any  such  theater,  circus,  or  build- 
ing, or  garden  or  grounds,  as  aforesaid,  it 
shall  not  be  necessary  to  prove  the  personal 
service  of  the  injunction,  but  the  service  here- 
inbefore provided  shall  be  deemed  and  held 
sufficient. 

Preceding  sections  not  ai»i»llcal»le  to 
certain  performances. 


Revocation  of  license. 

Sec.  1,476.  Any  license  provided  for  by  the 
preceding  sections  may  be  revoked  and  an- 
nulled by  any  judge  or  justice  of  any  court  of 
record  in  said  city  upon  proof  of  a violation  of 
any  of  the  provisions  of  this  title;  such  proof 
shall  be  taken  before  such  judge  or  justice, 
upon  notice  of  not  less  than  two  days  to  show 
cause  why  such  license  should  not  be  revoked; 
said  judge  or  justice  shall  hear  the  proofs  and 
allegations  in  the  case,  and  determine  the 
same  siimmarily;  and  no  appeal  shall  be  taken 
from  such  determination;  and  any  person  I 
whose  license  shall  have  been  revoked  or  an- 
nulled shall  not  thereafter  be  entitled  to  a li- 
cense under  the  provisions  of  said  sections; 
on  any  examination  before  an  officer,  pursu- 
ant to  a notice  to  show  cause  as  aforesaid, 
the  accused  party  may  be  a witness  in  his  own 
behalf. 

Penalty  for  violating  proviHionx  of 

tlilH  title. 

Sec.  1,477.  Any  person  violating  any  of  the 
provisions  of  sections  1,472  and  1,473  of  this 


Sec.  1,480.  The  provisions  and  reauirements 
of  sections  fourteen  hundred  and  seventy-two 
to  fourteen  hundred  and  seventy-nine  of  this 
act,  inclusive,  shall  not  be  held  to  apply  to 
any  building,  hall,  room  or  rooms,  in  which 
i only  private  theatricals,  tableaus  and  other 
i exhibitions  for  charitable  and  religious  pur- 
i poses  are  given,  nor  to  the  manager  nr  man- 
agers of  exhibitions  given  by  amateurs  for 
the  benefit  of  any  church,  mission,  parish  or 
Sunday  school,  or  for  any  other  charitable 
or  religious  purpose,  nor  shall  the  same  be 
held  to  apply  to  the  masonic  temple  in  New 
York,  or  the  trustees  of  the  masonic  hall  and 
asylum  fund,  so  long  as  the  revenues  of  said 
temple  shall  continue  to  be  applied  to  the  use 
of  the  masonic  hall  and  asylum,  or  other  char- 
itable purpose,  nor  to  the  educational  alli- 
ance, or  to  the  directors  or  officers  of  said 
society  as  such  with  respect  to  any  building 
which  shall  in  whole  or  in  part  be  owned  or 
leased  by  said  society,  while  so  owned  or 
leased,  so  long  as  the  revenue  thereof  shall 
•continue  to  be  applied  to  the  support  of  said 
society  and  to  the  religious,  charitable,  social, 


educational,  or  literary  purposes  of  said  so- 
ciety. 

K.-vliibitioiiH  on  Siiudny  prohibited. 

Sec.  1,481.  It  shall  not  be  lawful  to  ex- 
I hiblt,  on  the  first  day  of  the  week,  commonly 
called  Sunday,  to  the  public,  in  any  building, 
garden,  grounds,  concert  room  or  other  room 
or  place  within  the  city  of  New  York,  any 
interlude,  tragedy,  comedy,  opera,  ballet,  play, 
farce,  negro  minstrelsy,  negro  or  other  danc- 
ing, or  any  other  entertainment  of  the  stage, 
or  any  part  or  parts  therein,  or  any  eques- 
trian, circus  or  dramatic  performance,  or  any 
performance  of  jugglers,  acrobats  or  rope 
dancing.  Any  person  offending  against  the 
provisions  of  this  section,  and  every  person 
aiding  in  such  exhibitions  by  advertisements 
or  otherwise,  and  every  owner  or  lessee  of 
any  building,  part  of  a building,  ground, 
garden,  or  concert  room,  or  other  room  or 
place,  who  shall  lease  or  let  out  the  same  for 
the  purpose  of  any  such  exhibition  or  perform- 
ance, or  assent  that  the  same  be  used  for 
any  such  purpose,  shall  be  guilty  of  a misde- 
meanor, and  in  addition  to  punishment  there- 
for provided  by  law,  shall  be  subject  to  a 
penalty  of  five  hundred  dollars,  which  pen- 
alty  the  corporation  counsel  of  said  city  is 
hereby  authorized  in  the  name  of  the  city  of 
New  York  to  prosecute,  sue  for  and  recover; 
in  addition  to  which  every  such  exhibition  or 
performance  shall  of  itself  forfeit,  vacate  and 
annul  and  render  void  and  of  no  effect  any 
license  which  shall  have  been  previously  ob- 
tained by  any  manager,  proprietor,  owner  or 
lessee  consenting  to,  causing  or  allowing,  or 
letting  any  part  of  a building  for  the  pur- 
pose of  any  such  exhibition  or  performance. 

lUlnors  under  fourteen  unaccompanied 

by  adult  not  to  be  admitted  to  thea- 
ters at  night. 

Sec.  1,482.  It  shall  not  be  lawful  for  any 
owner,  lessee,  manager,'  agent  or  officer  of 
any  theater  in  the  city  of  New  York  to  admit 
to  any  theatrical  exhibition  held  in  the  even- 
ing any  minor  under  the  age  of  fourteen 
years,  unless  such  minor  is  accompanied  by, 
and  is  in  the  care  of  some  adult  person.  Any 
person  violating  the  provisions  of  this  sec- 
tion shall  be  guilty  of  a misdemeanor,  and 
shall  be  liable  to  a fine  of  not  less  than  $25, 
nor  more  than  $100,  or  imprisonment  for  a 
term  not  less  than  ten  nor  more  than  ninety 
days  for  each  offense.  All  moneys  recovered 
under  the  provisions  of  this  section,  for  fines, 
shall  be  paid  over  to  the  controller  of  said 
city,  to  be  paid  into  the  treasury  of  said  city. 

Prohibition  of  sale  of  spirituous 

liquors  and  employment  of  female 

waiters. 

Sec.  1,483.  It  shall  not  be  lawful  to  sell  or 
furnish  any  wine,  beer,  or  Strong  or  spiritu- 
ous iiquors,  to  any  person  in  the  auditorium 
or  lobbies  of  any  place  of  exhibition  or  per- 
formance mentioned  in  section  one  thousand 
four  hundred  and  seventy-two  of  this  act,  or 
in  any  apartment  connected  therewith  by  any 
door,  window,  or  other  aperture,  except  that 
the  police  department  may,  in  its  discretion, 
and  subject  to  such  regulations  and  restric- 
tions as  it  may  determine,  permit  the  same  to 
be  sold  or  furnished  while  concerts,  consist- 
ing of  vocal  or  instrumental  music  only,  are 
being  given  in  a place  duly  licensed  by  it  as 
hereinbefore  provided.  Such  permission  shall 
only  be  operative  so  long  as  it  shall  be  law- 
ful under  the  laws  of  this  state  to  sell  or 
furnish  wine,  beer,  or  strong  or  spirituous 
liquors  at  such  place,  and  may  be  revoked  at 
any  time  by  the  police  department.  It  shall 
not  be  lawful  to  employ  or  furnish  or  permit 
or  assent  to  the  employment  or  attendance 
of  any  female  to  wait  on,  or  attend  in  any 
manner,  or  furnish  refreshments  to  the  au- 
dience or  spectators  or  any  of  them,  at  any 


144 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


of  the  exhibitions  or  performances  mentioned 
In  said  section,  or  at  any  other  place  of 
public  amusement  in  the  city  of  New  York. 

The  provisions  of  this  act  shall  not  be 
construed  to  interfere  with  the  right  of  any 
Incorporated  or  other  society,  organized  and 
maintained  for  the  cultivation  of  vocal  or  in- 
strumental music,  to  exercise  and  practice 
the  same  in  good  faith  for  themselves 
only,  and  not  for  the  observation  and  enter- 
tainment of  the  public:  nor  shall  the  use  or 
occupation  by  any  such  society  for  the  pur- 
poses aforesaid  of  any  hall  or  room  connected 
with  any  place  wherein  by  the  laws  of  this 
state  it  is  lawful  to  sell  wine,  beer,  or  strong 
or  spirituous  liquors  be  construed  to  make 
such  place  a place  of  public  amusement  with- 
in the  provisions  of  this  act. 

Violation  of  preceding  section  annnls 

license. 

Sec.  1,484.  No  license  shall  be  granted  for 
any  exhibition  or  performance  given  in  viola- 
tion of  the  preceding  section,  and  any 
and  every  exhibition  or  performance  at  which 
any  of  the  provisions  of  the  said  section  shall 
be  violated,  shall  of  itself  vacate  and  annul 
and  render  void  and  of  no  effect  any  license 
which  shall  have  been  previously  obtained  by 
any  manager,  proprietor,  owner  or  lessee  con- 
senting to,  causing  or  allowing  or  letting  any 
part  of  a building  for  the  purpose  of  such  ex- 
hibition and  performance. 

Violation  of  any-  provision  of  the  two 

precetling  sections  a misdemeanor. 

Sec.  1,485.  Any  person  violating  any  of  the 
provisions  of  the  two  preceding  sections,  or 
employing,  or  assenting  to  the  employment 
or  attendance  of  anv  oerson  contrary  to  the 
provisions  of  said  sections  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  convic- 
tion shall  be  punished  by  imprisonment  in 
the  penitentiary  for  a term  not  less  than 
three  months  nor  more  than  one  year,  or  by 
a fine  not  less  than  $100  nor  more. than  $500, 
or  by  both  such  fine  and  imprisonment. 

Police,  etc.,  to  enter  places  of  amnse- 

inent  and  arrest  offenders. 

Sec.  1,486  It  shall  be  the  duty  of  the  sheriff, 
deputy  sheriff,  constable  and  of  every  mem- 
ber of  the  police  force  to  enter  at  any  time 
said  places  of  amusement,  and  to  arrest  and 
convey  any  person  or  persons  violating  any 
provision  of  the  three  preceding  sections, 
forthwith,  before  any  city  magistrate  or  re- 
corder having  jurisdiction  in  said  city,  there 
to  be  dealt  with  according  to  law. 

Doors  and  exits  to  be  conspicuously 

numbered;  diagrams  to  be  i>rinted  on 

programmes. 

Sec.  1,487.  The  owner,  lessee,  manager,  or 
other  person  or  persons,  having  charge  or 
control  of  any  theater  shall  cause  each  and 
every  door  and  means  of  exit  to  be  used  in 
case  of  fire  or  panic,  to  be  conspicuously 
numbered,  so  as  to  be  visible  to  the  audience, 
by  whom  the  same  may  be  used,  and  shall 
have  or  cause  to  be  printed  in  conspicuous 
type  a plan  or  diagram  and  explanation 
showing  each  of  said  exits  thereon,  and 
referring  to  the  numbers  aforesaid, 
and  the  same  shall  be  printed  in 
conspicuous  type,  as  aforesaid,  on  the  pro- 
gramme or  bill  of  the  play.  Any  and  all  per- 
sons who  shall  violate  any  of  the  provisions 
of  this  section,  or  fail  to  comply  therewith, 
or  any  requirement  thereof,  shall  severally, 
for  each  and  every  violation  and  non-compli- 
ance, respectively  forfeit  and  pay  a penalty 
In  the  sum  of  $50;  to  be  sued  for  and  recov- 
ered in  the  same  manner  as  violations  of  the 


building  laws  in  the  city  of  New  York  are 
now  sued  for  and  recovered  pursuant  to  the 
provisions  of  this  act. 

TITLE  3. 

BIRDS. 

.Killing  or  selling  certain  birds  pro- 
hibited. 

Sec.  1,493.  No  person  shall  kill,  wound, 
trap,  net,  snare,  catch  with  bird  lime,  or  with 
any  similar  substance  or  drug,  or  in  any  other 
manner  capture  or  sell,  expose  for  sale,  or 
transport  during  the  months  of  April,  May, 
June  July,  August,  September  or  October,  in 
any  year  any  bird  of  song,  or  any  linnet, 
bluebird,  yellow  hammer,  yellow  bird,  thrush, 
woodpecker,  cat  bird,  pewee,  swallow,  martin, 
blue  Jay,  oriole,  kildee,  snow  bird,  grass  bird, 
grosbeak,  phoebe  bird,  humming  bird,  black- 
bird, wren,  excepting  birds  bred  in  a cage  or 
imported  from  Europe  or  the  southern  United 
^States.  No  person  shall  kill  or  expose  for  sale 
or  have  in  his  possession  after  the  same  has 
been  killed,  any  robin,  meadow  lark  or  star- 
ling, between  the  first  day  of  January  and 
the  fifteenth  day  of  October,  save  only  when 
such  birds  are  killed  on  the  premises  of  the 
persons  killing  and  while  they  are  destroying 
fruit.  This  section  shall  not  apply  to  any 
person  who  shall  kill  any  bird  for  the  purpose 
of  studying  its  habits  or  history,  or  having 
the  same  stuffed  and  set  up  as  a specimen. 
Any  person  violating  this  section  shall  be 
deemed  guilty  of  a misdemeanor,  punishable 
by  imprisonment  in  the  county  jail  or  peniten- 
tiary,. of  not  less  than  five  or  more  than 
thirty  days,  and  shall  also  be  liable  to  a pen- 
alty of  fifty  dollars,  to  be  recovered  with 
costs,  by  any  person  suing  therefor  in  his  own 
name.  In  all  actions  for  the  recovery  of  pen- 
alties under  this  section  one-half  of  the  recov- 
ery shall  belong  to  the  plaintiff,  and  the  re- 
mainder-shall  be  paid  to  the  chamberlain. 

TITLE  4. 

COMMERCIAL  P.\PER  DURING 
EPIDEMIC. 

Persons,  etc.,  in  infeotetl  district  niny 
names,  etc.,  registered  by  city 

clerk. 

Sec  1.499.  Whenever  the  board  of  health 
shall,  by  public  notice,  designate  any  portion 
or  district  of  the  city  of  New  York  as  being 
the  seat  of  any  infectious  or  contagious  dis- 
ease, and  declare  communication  with  such 
portion  or  district  dangerous,  or  shall  pro- 
hibit such  communication,  it  shall  be  the  duty 
of  the  city  clerk  during  the  continuance  of 
such  disease  in  such  district  to  provide  and 
keep  in  his  office  a book  tor  the  purpose  of 
registering,  in  alphabetical  order,  the  names, 
firms  and  places  of  business  of  any  inhabi- 
tant of  the  city  who  shall  desire  such  regis- 
try to  be  made. 

Id.;  most  register  place  at  -wliieli  eom- 
mercial  paper  to  be  presented. 

Sec.  1.500.  It  shall  be  the  duty  of  all  per- 
sons and  firms  usually  resident  or  doing  busi- 
ness within  such  infected  district  to  register 
in  the  book  so  provided  by  the  said  city 
clerk  their  names  or  firms,  with  the  place  or 
places  out  of  such  infected  district,  but  with- 
in the  city  of  New  York  to  which  they  may 
have  removed  the  transaction  of  their  busi- 
ness, or  to  which  they  may  desire  any  notices 
to  be  sent  or  served,  or  any  notes,  drafts  or 
bills  to  be  presented  for  acceptance  or  for 
payment.  The  sum  of  twenty-five  cents  may 
be  claimed  and  received  by  the  said  clerk 
for  every  such  registry;  but  the  book  in 
which  the  same  shall  be  entered  shall  be  at 


all  times  during  office  hours  open  to  public 
examination  free  of  all  charges. 

Commercial  paper  may  be  presented 
at  place  designated. 

Sec.  1,501.  During  the  continuance  of  any 
such  disease  in  such  infected  district  all 
drafts,  notes  and  bills,  which  by  law  are  re- 
quired to  be  presented  for  acceptance  or  for 
payment,  may  be  presented  for  such  purpose 
at  the  place  so  designated  in  such  registry, 
and  all  notices  of  non-acceptance  and  non- 
payment of  any  note,  draft  or  bill,  or  of  pro- 
test, for  such  non-acceptance  or  non-payment, 
may  be  served  by  leaving  the  same  at  the 
place  so  designated. 

Oil  failure  to  register,*  commercial 
paper  may  be  presented  to  city  clerk. 

Sec.  1,502.  In  ease  any  person  or  firm  usu- 
ally resident  or  doing  business  within  such 
infected  district  shall  neglect  to  make  and 
cause  to  be  entered  in  the  book  so  provided, 
the  registry  herein  required,  all  notes,  drafts, 
or  bills  which  by  law  are  required  to  be  pre- 
sented to  such  person  or  firm  for  accentance 
or  for  payment,  may  be  presented  to  the  said 
city  clerk  during  the  continuance  of  such  dis- 
ease at  any  time  during  office  hours,  and  de- 
mand of  acceptance  or  payment  thereof  may  be 
made  of  the  said  clerk,  to  the  same  purpose 
and  with  the  same  effect  as  if  the  same  had 
been  presented,  and  acceptance  or  payment  de- 
manded of  such  person  or  firm  at  their  usual 
place  of  doing  business. 

On  failure  to  register,  notice  of  pro- 
test, etc.,  may  be  served  by  leaving 
at  post  office. 

Sec.  1,503.  In  case  of  the  omission  to  make 
the  registry  herein  required,  all  notices  of  the 
non  acceptance  or  non  payment  of  any  note, 
draft  or  bill,  or  of  protest  for  such  non  ac- 
ceptance or  non  payment,  may  be  served  on 
any  person  or  firm  usually  resident  or  doing 
business  within  such  infected  district,  by 
leaving  the  same  at  one  of  the  post  offices 
for  the  said  city,  which  service  shall  be  as 
valid  and  effectual  as  if  the  notices  had  been 
served  personally  on  such  person  or  one  of 
such  firm  at  his  or  their  usual  place  of  doing 
business. 

Wben  epidemic  deemed  to  bave  sub- 
sided. 

Sec.  1,504.  Whenever  proclamation  shall  be 
made  by  the  board  of  health  or  other  proper 
authority  of  the  city,  that  an  infectious  or 
contagious  disease  in  any  such  infected  dis- 
trict has  subsided,  it  shall  be  deemed  to  have 
subsided,  for  all  purposes  contemplated  in 
this  title. 

TITLE  5. 

PHARMACISTS  AND  DRUGGISTS. 

Registered  pharmacists  only  to  con- 
duct pharmacy,  except,  etc. 

Sec.  1,510.  It  shall  be  unlawful  for  any  per- 
son unless  a registered  pharmacist  within  the 
meaning  of  this  title  to  open  or  conduct  any 
pharmacy  or  store  for  retailing,  dispensing  or 
compounding  medicines  or  poisons  in  the 
city  of  New  York,  as  constituted  by  this  act, 
except  as  hereinafter  provided;  provided  that 
the  widow  or  legal  representative  of  a de- 
ceased person  who  was  a registered  pharmacist 
within  the  meaning  of  this  title  may  continue 
the  business  of  such  deceased  pharmacist, 
provided  that  the  actual  retailing,  dispensing 
or  compounding  of  medicines  or  poisons  be 
only  by  a person  who  is  a registered  phar- 
macist within  the  meaning  of  this  title. 

Id.;  iiualiflcations  of  registered  phar- 
macists. 

Sec.  1,511.  Any  person,  in  order  to  be  regis- 
tered, shall  be  either  a graduate  in  pharmacy 
or  a licentiate  in  pharmacy  or  a graduate  hav- 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


14.’) 


Ing  a diploma  from  some  legally  constituted 
medical  college  or  society.  But  a license  as 
a pharmacist  granted  any  person  after  the 
examination  by  any  board  of  phai  macy  legaliy 
created  under  the  laws  of  this  state  shali  en- 
title such  person  to  a license  or  certificate 
of  registration  from  the  board  of  pharmacy 
created  by  this  title,  upon  presenting  to  said 
board  his  license  and  compiying  with  the  for- 
mal requirements  of  the  laws.  Any  person 
who,  at  the  time  this  act  takes  effect,  shall 
be  entitled  by  law  to  open  or  conduct  any 
pharmacy  or  store  for  retailing,  dispensing 
or  compounding  medicines  or  poisons  in  any 
part  of  the  territory  included  in  the  city  of 
New  York,  as  constituted  by  this  act,  shall 
be  entitled  hereafter  to  open  or  conduct  any 
such  pharmacy  or  store  in  said  city,  and  to 
be  registered  by  the  board  of  pharmacy  cre- 
ated by  this  title. 

Graduates  and  licentiates  defined. 

Sec.  1,512.  Graduates  of  pharmacy  w'ithin 
the  meaning  of  this  title  shall  be  those  per- 
sons who  have  had  at  least  four*years’  experi- 
ence in  stores  where  prescriptions  of  medical 
practitioners  have  been  compounded,  and  who 
have  obtained  a dipioma  from  any  college  of 
pharmacy  within  the  United  States,  or  from 
some  authorized  foreign  institution  or  examin- 
ing board;  and  licentiates  in  pharmacy  shall 
be  those  persons  who  have  had  at  least  four 
years’  experience  in  stores  where  prescrip- 
tions of  medical  practitioner.^  are  compound- 
ed and  who  shall  have  passed  an  examination 
either  before  the  board  for  the  examination  of 
and  licensing  druggists  and  prescription  clerks 
in  the  city  of  New  York,  as  heretofore  exist- 
ing, established  by  an  act  passed  March  28, 
1871,  or  before  t’ne  board  of  pharmacy  in  the 
city  of  New  York,  as  heretofore  existing,  or 
before  the  board  of  pharmacy  of  the  county  of 
Kings,  or  before  the  board  of  pharmacy 
created  by  this  title,  for  the  city  of 
New  York,  as  constituted  by  this  act, 
or  such  foreign  pharmacists  as  shall 
present  satisfactory  credentials  or  certificates 
of  their  competency  and  qualifications  to  the 
said  last  mentioned  board  of  pharmacy.  Jun- 
ior assistants  or  apprentices  in  pharmacy  shall 
not  be  permitted  to  prepare  physicians’  pre- 
scriptions until  they  have  become  graduates 
or  licentiates  in  pharmacy. 

Board  of  pharmacy;  election,  duties. 

Sec.  1513.  The  members  of  the  college  of 
pharmacy  of  the  City  of  New  York,  shall,  on 
the  first  Monday  of  January,  eighteen  hun- 
dred and  ninety-eight,  and  on  the  same  day 
every  third  year  thereafter,  at  a special 
meeting  held  for  that  purpose,  elect  five 
competent  pharmacists,  three  of  whom  shall 
be  graduates  of  some  legally  constituted 
medical  college,  and  the  remaining  two  gradu- 
ates of  some  legally  constituted  college  of 
pharmacy  of  the  City  of  New  York,  as  con- 
stituted by  this  act,  and  who  shall  form  and 
be  known  as  the  board  of  pharmacy.  The 
members  of  this  board  shall,  within  thirty 
days  after  their  election  as  aforesaid,  indi- 
vidually take  and  subscribe  before  the  city 
clerk,  an  oath  faithfully  and  impartially  to 
discharge  the  duties  prescribed  for  them  by 
this  title.  They  shall  hold  ofBce  for  the  term 
of  three  years  and  until  their  successors  are 
duly  elected  and  have  qualified;  and  in  case 
of  £ny  vacancy,  the  trustees  of  the  college  of 
pharmacy  shall  fill  the  same  from  two  or 
more  nominees  elected  at  a special  meeting 
of  the  college  of  pharmacy.  The  said  board 
shall  organize  for  the  transaction  of  business 
by  electing  from  their  own  number,  for  the 
whole  term,  a president  and  secretary.  The 
board  shall  meet  at  least  once  every  three 
months  and  three  members  shall  constitute  a 
quorum.  The  duties  of  the  said  board  shall  be  to 


transact  all  business  pertaining  to  the  legal 
regulation  of  the  practice  of  pharmacy  in  the 
City  of  New  York,  and  to  examine  and  register 
pharmacists.  Any  pharmacist  applying  for 
examination  shall  pay  to  the  secretary  a fee 
of  five  dollars,  and  should  he  pass  such  ex- 
amination satisfactorily  he  shall  be  furnished 
with  a certificate  as  to  his  competency  and 
qualification,  signed  by  the  said  board  of 
pharmacy. 

BooUs  of  resistratioii  of  pliarmacists, 

etc. 

Sec.  1,514.  It  shall  be  the  duty  of  the  sec- 
retary to  keep  a book  of  registration  at  some 
convenient  place,  of  which  due  notice  shall 
be  given  through  the  public  press,  in  which 
book  shall  be  entered,  under  the  supervision 
of  the  said  board,  the  names  and  places  of 
business  of  all  persons  coming  under  the  pro- 
visions of  this  title.  It  shall  be  the  duty  of 
all  such  persons  to  appear  before  the  said 
board  of  pharmacy,  and  the  fee  for  the 
registration  of  pharmacists  shall  not  exceed 
two  dollars,  and  for  assistants  shall  not 
exceed  one  dollar.  The  secretary  shall  give 
receipts  for  all  moneys  received  by  him, 
and  pay  over  the  same  to  the  treasurer  of  the 
college  of  pharmacy  aforesaid,  taking  his  re- 
ceipt therefor,  which  moneys  shall  be  used  for 
the  purpose  of  defraying  the  expenses  of  the 
board  of  pharmacy,  and  any  surplus  shall  be 
for  the  benefit  of  the  college  of  pharmacy. 
The  salary  of  the  secretary  shall  be  fixed  by 
the  board  and  shall  be  paid  out  of  the  regis- 
tration fees. 

Pliarmacists  responsible  for  qnnlity  ot 

drags,  etc.,  sold;  patent  medicines, 

adnlterntion,  etc. 

Sec.  1,515.  Every  registered  pharmacist 
shall  be  held  responsible  for  the  quality  of 
all  drugs,  chemicals  and  medicines  he  may 
sell  or  dispense,  with  the  exception  of  those 
sold  in  the  original  packages  of  the  manu- 
facturer, and  also  those  known  as  “patent 
medicines,”  and  should  he  knowingly,  inten- 
tionally and  fraudulently  adulterate,  or  cause 
to  be  adulterated,  such  drugs,  chemicals  or 
medical  preparations,  he  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  convic- 
tion thereof,  be  iiable  to  a penalty  not  ex- 
ceeding one  hundred  dollars  and  in  addition 
thereto,  his  name  shall  be  stricken  from  the 
register. 

Poisons;  retailing  of. 

Sec.  1,516.  It  shall  be  unlawful  for  any  per- 
son to  retail  any  poisons  enumerated  in  sched- 
ules A and  B,  as  follows,  to  wit: 

SCHEDULE  A. 

Arsenic  and  its  preparations,  corrosive  sub- 
limate, white  precipitate,  red  precipitate, 
biniodide  of  mercury,  cyanide  of  potassium, 
hydrocyanic  acid,  strychnia  and  all  other 
poisonous  vegetable  alkaloids  and  their  salts, 
essential  oil  of  bitter  almonds,  opium  and  its 
preparations,  except  paregoric  and  other  prep- 
arations of  opium  containing  less  than  two 
grains  to  the  ounce. 

SCHEDULE  B. 

Aconite,  belladonna,  colchicum,  conium, 
nux  vomica,  henbane,  savin,  ergot,  cotton- 
root,  cantharides,  creosote,  digitalis  and  their 
pharmaceutical  preparations,  croton  oil, 
chloroform,  chloral  hydrate,  sulphate  of  zinc, 
mineral  acids,  carbolic  acid  and  oxalic  acid, 
without  distinctly  labeling  the  bottle,  box, 
vessel  or  paper  in  which  the  said  poison  is 
contained,  and  also  the  outside  wrapper  or 
cover  with  the  name  of  the  article,  the  word 
“Poison,”  and  the  name  and  place  of  the  sell- 
er; nor  shall  it  be  lawful  for  any  person  to 
sell  or  deliver  any  poisons  enumerated  in 
schedules  A and  B,  unless  upon  due  inquiry 
it  be  found  that  the  purchaser  is  aware  of  its 


poisonous  character,  and  represents  that  it 
is  to  be  used  for  a legitimate  purpo.se.  Nor 
shall  it  be  lawful  for  any  registered  pharma- 
cist to  sell  any  poisons  included  in  schedule 
A,  without,  before  delivering  the  same  to  the 
purchaser,  causing  an  entry  to  be  made  in 
a book  kept  for  that  purpose,  stating  the  date 
of  sale,  the  name  and  address  of  the  purchas- 
er, the  name  and  quality  of  the  poison  sold, 
the  purpose  for  which  it  is  represented  by  the 
purchaser  to  be  required,  and  the  name  of 
the  dispenser;  such  book  to  be  always  open 
for  inspection  by  the  proper  authorities,  and 
to  be  preserved  for  reference  for  at  least  five 
years.  The  provisions  of  this  section  shall 
not  apply  to  the  dispensing  of  poisons,  in  not 
unusual  quantities  or  doses,  upon  the  pre- 
scriptions of  practitioners  of  medicine. 

Application  of  preceding  sections  to 
practitioners  of  medicine  and  -whole- 
sale dealers. 

Sec.  1,517.  Nothing  contained  in  the  fore- 
going sections  of  this  title  shall  apply  to  or 
interfere  with  the  business  of  any  practition- 
er of  medicine  who  does  not  keep  open  shop 
for  the  retailing  of  medicines  and  poisons,  nor 
with  the  business  of  wholesale  dealers,  but 
the  preceding  section,  and  the  penalties  for 
its  violation,  shali  apply  to  such  persons. 

Xrrandnlent  registration,  permitting 
nnlicen.sed  person  to  compound 
inedicijie.s. 

Sec.  1,518.  Any  person  who  shall  attempt  to 
procure  registration  for  himself,  or  for  any 
other  person,  under  this  title,  by  making  or 
causing  to  be  made  any  false  representation, 
shall  be  deemed  guilty  of  a misdemeanor,  and 
shall,  upon  conviction  thereof,  be  liable  to  a 
penalty  not  exceeding  five  hundred  dollars. 
Any  registered  pharmacist  who  shall  permit 
the  compounding  and  dispensing  of  prescrip- 
tions of  medical  practitioners  in  his  store  or 
place  of  business,  by  any  person  or  persons 
not  registered,  or  any  person  not  registered 
who  shall  keep  open  shop  for  the  retailing  or 
dispensing  of  medicines  and  poisons,  or  who 
shall  fraudulently  represent  himself  to  be 
registered,  or  any  registered  pharmacist  or 
dealer  in  medicines  who  shall  fail  to  comply 
with  the  regulations  and  provisions  of  this 
title,  in  relation  to  the  retailing  and  dispens- 
ing of  poisons,  shall,  for  every  such  offense, 
be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  thereof,  be  liable  to  a penalty  of 
fifty  dollars. 

Penalties  to  be  paid  to  college  of  phar- 
macy. 

Sec.  1,519.  Each  and  e,very  penalty  recovered 
under  this  title  shall  be  paid  to  the  trustees 
of  the  College  of  Pharmacy  and  shall  form 
and  be  known  as  the  library  fund  of  said  Col- 
lege of  Pharmacy  and  shall  be  expended  for 
the  purchase  of  books  for  the  library  of  said 
college. 

Board.s  of  pharmacy  abolished. 

Sec.  1,520.  The  beard  of  pharmacy  of  the 
county  of  Kings  and  the  board  of  pharmacy 
in  the  city  of  New  York  as  heretofore  exist- 
ing, are  both  hereby  abolished. 

TITLE  6. 

A BOARD  OF  CITY  RECORD. 

City  record,  boai'd  of;  publication  and 
contents;  newspapers  to  be  designat- 
ed in  wliich  corporate  notices  to  be 
advertised. 

Sec.  1,526.  There  shall  be  published  daily 
(Sundays  and  legal  holidays  excepted),  under 
a contract  to  be  made  as  hereinafter  provided, 
a paper  to  be  knowm  as  the  City  Record. 
And  said  City  Record  and  the  newspapers 
now  by  law  designated  as  corporation  news- 
papers in  the  present  city  of  Brooklyn, 


146 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


shall  be  the  only  papers  to  be  included 
•within  the  term  corporation  newspapers  as  the 
same  is  used  anywhere  in  this  act;  but  no 
notice  or  advertisement  shall  be  inserted  in 
said  newspapers  now  by  law  designated  as 
corporation  newspapers  in  said  city  of  Brook- 
lyn, except  such  as  respect  matters  occurring 
within  or  relating  to  the  borough  of  Brook- 
lyn exclusively:  and  the  aggregate  amount  to 
be  paid  to  said  newspaper.?  now  designated  by 
law  as  corporation  newspapers  in  said  city 
of  Brooklyn,  for  the  publication  of  all  adver- 
tisements provided  for  by  this  act,  shall  never 
exceed  in  any  year  the  sum  now  agreed 
to  be  paid  to  said  newspapers  annual- 
ly by  said  city  of  Brooklyn.  The  may- 
or, corporation  counsel  and  controller  shall 
constitute  the  board  of  City  Record.  Said 
board  by  a majority  vote  shall  appoint  a 
proper  person,  together  with  such  assistants 
as  may  be  required,  to  supervise  the  prepara- 
tion and  publication  of  the  same,  and  they 
ahall  also  fix  the  rates  of  compensation  of 
said  supervisor  and  his  assistants.  All  the 
expenses  connected  with  its  publication  and 
distribution,  except  the  salary  of  the  person 
appointed  to  supervise  the  same,  and  the 
salaries  of  his  assistants,  shall  be  covered  by 
a contract  for  printing,  to  be  made  in  the 
same  manner  as  other  contracts.  The  board 
of  estimate  and  apportionment  shall  provide 
for  all  the  necessary  expenses  of  conducting 
the  said  City  Record.  There  shall  be  inserted 
in  said  City  Record  nothing  aside  from  such 
cfBcial  matters  as  are  expressiy  authorized. 
The  contract  for  the  publication  of  the  City 
Record  shall  provide  for  furnishing,  free 
of  charge,  to  the  city  of  New  York,  not  more 
than  two  thousand  copies  thereof,  also  for  a 
gratuitous  distribution  to  every  newspaper 
regularly  printed  in  the  city  of  New  York, 
■when  it  shall  apply  for  the  same,  of 
two  copies  and  to  every  public  library 
or  public  institution  in  said  city  which 
apply  for  the  same,  of  one  copy.  Copies 
of  the  same  shall  be  sold  by  the  su- 
pervisor at  a price  to  be  fixed  by  the  officers 
making  the  contract  and  the  proceeds  thereof 
shall  be  paid  over  to  the  city.  All  advertising 
required  to  be  done  far  the  city,  exceot  a.s  in 
this  act,  otherwise  specially  provided,  and 
all  notices  required  by  law  or  ordinance  to  be 
published  in  corporation  papers,  shall  be  in- 
serted. at  the  public  expense,  cnly  in  the  City 
Record,  and  a publication  therein  shall  be  a 
sufficient  compliance  with  any  law  or  ordin- 
ance requiring  publication  of  such  mat- 
ters or  notices,  but  there  may  be  in- 
serted in  two  morning  and  two  even- 
ing and  two  weekly  or  semi-weekly  pa- 
pers published  in  the  English  language  and 
in  one  newspaper  published  in  the  German 
language,  all  in  said  city,  to  be  designated, 
at  any  time,  by  said  board  of  City  Record, 
brief  advertisements  calling  atteiuion  to  any 
contracts  intended  to  be  awarded  or  bonds 
to  be  sold  and  referring  for  full  information 
to  said  City  Record;  said  designation  of  such 
newspapers  to  continue  in  effect  until  an- 
other or  different  designation  shall  be  made 
by  said  board.  Where  such  notices  and  ad- 
vertisements respect  matters  occurring  with- 
in or  relating  to  the  borough  of  Brook- 
lyn, they  shall  also  be  published  in* 
such  newspapers  as  are  now  by  law’ 
designated  as  corporation  newspapers  in 
the  city  of  Brooklyn,  the  rates  of  payment 
therefor  not  to  exceed  the  compensation  now 
paid  to  said  newspapers  for  like  advertise- 
ments in  the  city  of  Brooklyn  or  county  of 
Kings.  In  case,  however,  of  the  sale  of  bonds 
or  stocks  of  said  city  or  of  any  real  estate  be- 
longing to  the  city,  such  advertisements  may 
1)6  also  inserted  in  such  other  newspapers  I 


published  in  said  city  as  said  board  may  de-  I 
termine  in  the  case  of  each  sale.  But  nothing 
herein  contained  shall  prevent  the  publica-  I 
tion  elsewhere  of  any  advertisement  required 
by  law;  provided,  however,  that  no  such  pub- 
lication shall  be  made  unless  the  same  is 
authorized  by  a concurrent  vote  of  the  mem- 
bers of  said  board.  No  money  shall  be  paid 
from  the  city  treasury  and  no  action  shall  be 
maintained  or  judgment  obtained  against  the 
city  of  New  York,  as  constituted  by  this  act, 
for  any  advertising  done  after  April  thirtieth, 
eighteen  hundred  and  seventy-three,  except 
such  as  is  herein  authorized  or  such  as  at  the 
time  this  act  takes  effect  is  a lawful  charge 
against  a municipal  or  public  corporation,  or 
part  thereof,  hereby  consolidated  with  the 
mayor,  aldermen  and  commonalty  of  the  city 
of  New  York.  The  copies  of  the  City  Record 
furnished  to  the  city  shall  be  distributed  to 
the  several  departments  and  officers,  and  to 
such  persons  and  in  such  manner  as  the  board 
of  City  Record  shall  direct.  The  controller 
shall  cause  a continuous  series  of  the  City 
Record  to  be  bound,  as  completed  quarterly, 
and  tO'  be  deposited  with  his  certificate  there- 
on, in  the  office  of  the  register  of  deeds  of  the 
county  of  New  York,  in  the  county  clerk’s 
office  of  said  county  and  in  the  office  of  the 
city  clerk,  and  copies  of  the  contents  of  any 
part  of  the  same,  certified  by  such  register, 
county  clerk,  or  city  clerk,  shall  be  received 
in  judicial  proceedings  as  prima  facie  evidence 
of  the  truth  of  the  contents  thereof. 

Supervi.sor  of  city  record  to  arrange 
lists,  of  registered  voters. 

Sec.  1,527.  It  shall  be  the  duty  of  the  su- 
pervisor of  the  City  Record  to  cause  the 
lists  of  registered  voters,  made  and  delivered 
by  the  chairman  of  the  boards  of  inspectors 
of  election  to  the  captains  of  police,  and  by 
them  delivered  to  him,  to  be  arranged  by  as- 
sembly districts  and  by  election  districts  of 
assembly  districts,  commencing  with  the  first, 
and  in  such  manner  that  the  names  of  all 
registered  voters  residing  at  any  given  num- 
ber of  any  street  shall  appear  together,  and 
those  of  each  street  iff  each  election  district 
shall  appear  arranged  by  house  numbers,  in 
consecutive  order,  each  street  separately. 
And  as  soon  as  the  entire  registry  of  voters 
shall  be  enninleted.  and  the  conies  thereof 
made  and  delivered,  the  said  supervisor  shall 
forthwith  cause  the  same  to  be  printed  and 
published  in  the  City  Record  and  in  the  fonn 
and  manner  herein  proscribed ;, and  such  pub- 
lication shall  be  made  within  one  hundred 
and  eight  hours  after  the  close  of  each  an- 
nual registration.  The  registry  of  each  as- 
sembly district  shall  be  printed  separately  as 
a supplement  to  the  City  Record,  and  each 
supplement  containing  the  registry  of  one 
assembly  district  shall  be  sold  separately  to 
persons  wishing  to  purchase  the  same  at 
not  less  than  five  cents  per  copy.  All  money- 
received  therefor  shall  be  paid  into  the  city 
treasury  to  the  credit  of  the  general  fund. 

Printing  and  stationery  to  Tie  snpplied 
liy  contract;  city  record  to  print  cer- 
tain matters. 

Sec.  1,528.  All  printing  for  said  city,  includ- 
ing the  printing  of  the  City  Record,  shall 
be  executed  and  all  stationery  shall  be  sup- 
plied, under  contracts,  to  be  entered  into 
by  the  said  board  of  City  Record.  All  pro- 
posals for  printing  and  stationery  shall  be 
based  upon  specifications  to  be  filed  in  the 
controller’s  office,  which  shall  set  forth  with 
accuracy  the  number  of  every  description  of 
printed  blanks;  also  each  description  of  sta- 
tionery or  blank  books  in  ordinary  use  in 
the  municipal  assembly  and  the  respective 
departments,  and  likely  to  De  required  dur- 
ing the  year  for  which  such  contract  is  to  be 
given;  and  the  bids  shall  be  given  for  such 


I number  of  each  printed  description  of  blanks 
or  oif  each  article  of  stationery  (including 
I under  the  head  of  stationery,  letter  or  writ- 
ing paper,  or  envelopes,  with  printed  head- 
ings or  indorsements)  as  are  specified,  and  for 
such  additional  number  as  may  be  required, 
giving  the  price  for  blanks  of  every  descrip- 
tion, and  the  price  of  all  other  printing  “per 
thousand  ems,’’  or  for  “rule  and  figure 
work”;  separate  contracts  shall  be  made  with 
the  lowest  bidder  for  any  one  description  of 
printing,  or  any  article  of  stationery  involv- 
ing an  expense  of  more  than  five  hundred 
dollars.  Ten  per  centum  of  the  amount  be- 
coming due,  from  time  to  time,  shall  be  with- 
held by  the  contro'ller  until  the  completion 
of  the  contract;  and  in  case  the  contractor 
shall  fail  to  fulfill  the  same  to  the  satisfac- 
tion of  said  board  of  City  Record,  then  said 
board  may  declare  said  contract  to  be  an- 
nulled, and  said  board  shall  immediately 
give  notice  for  other  bids  for  such  printing 
during  the  remainder  of  the  term  of  con- 
tract. No  judgment  shall  be  recovered 
against  the  city  of  New  York  as  constituted 
by  this  act,  for  printing  or  stationery  done 
or  furnisheij  after  April  thirtieth,  eighteen 
hundred  and  seventy-three,  ostensibly  for  the 
city  of  New  York  as  heretofore  known  and 
bounded,  unless  dene  or  furnished  under  a 
contract,  where,  under  the  provisions  of 
chapter  three  hundred  and  thirty-five  of  the 
laws  of  eighteen  hundred  and  seventy-three, 
or  of  the  laws  in  force  at  the  time  this  act 
takes  effect  or  of  this  act,  a contract  was  or 
is  necessary,  or  under  a valid  contract,  or 
unless  upon  evidence  of  a contract  made  as 
provided  in  this  section.  Separate  contracts 
may  be  made  at  any  time  for  engraving, 
lithographing,  wood  cuts,  maps,  or  other 
picture  work,  as  the  same  may  be  required; 
but  nothing  herein  contained  shall  be  con- 
strued to  require  a separate  contract  for  each 
engraving,  lithograph  or  wood  cut  or  map, 
unless  the  board  of  City  Record  shall  deem 
the  same  advisable  for  the  interest  of  the 
city.  No  more  than  two  thousand  copies  of 
any  message  of  the  mayor,  or  report  of  any 
head  of  a department,  and  no  more  than  one 
thousand  copies  of  any  report  of  a com- 
mittee of  either  branch  of  the  municipal 
assembly  shall  be  printed  apart  from  the 
City  Record. 

There  shall  be  published  in  the  City  Record, 
within  the  month  of  January  in  each  year,  a 
list  of  all  subordinates  employed  in  any  de- 
partment (except  laborers),  with  their  salaries 
and  residences  by  street  numbers,  and  all 
changes  in  such  subordinates  or  salaries 
shall  be  so  published  within  one  week  after 
they  are  made.  It  shall  be  the  duty  of  all 
heads  of  departments  to  furnish  to  the  person 
appointed  to  supervise  the  publication  of  the 
City  Record,  everything  required  to  be  insert- 
ed therein.  The  said  person  shall  have  the 
power  to  make  requisitions  in  writing  upon 
the  heads  of  departments  to  furnish  the  in- 
formation necessary  to  make  up  such  list  ac- 
cording to  rules  prescribed  by  him  and  ap- 
proved by  the  board  of  City  Record;  and  such 
information  must  be  supplied  by  the  depart- 
ment within  ten  days  after  such  requisition. 
He  shall  have  power  to  require  such  informa- 
tion in  the  same  manner,  every  three  months 
and  all  other  information  in  the  control  of 
said  heads  of  departments,  necessary  to  per- 
form his  duties  under  this  section.  He  sfiall 
include  in  his  list  the  number  of  laborers, 
designating  the  department  in  which  they  are 
employed,  and,  if  practicable,  the  numbers  em- 
ployed in  the  prosecution  of  specific  works, 
and  the  amounts  paid  to  them.  He  shall 
also  cause  to  be  printed  in  each  issue  of  said 
City  Record  a separate  statement  of  the  hours 
during  which  all  public  offices  in  the  city  are 
open  for  business,  and  at  which  each  court 


TUB  CHARTER  OB  THE  CITY  OB  NEW  YORK. 


regularly  opens  and  adjourns,  as  well  as  of  the 
places  where  such  offices  are  kept  and  such 
courts  are  held.  The  detailed  canvass  of  votes, 
at  every  election,  shall  be  published  in  the 
City  Record.  A list  of  the  registered  plumbers 
shall  be  published  in  the  City  Record  at  least 
once  in  each  yeaf.  The  mayor  may  order  the 
insertion  of  any  official  matter  or  report  in 
the  City  Record.  Nothing  herein  contained 
shall  apply  to  the  printing  or  supplies  of  sta- 
tionery for  the  city  of  New  York  as  consti- 
tuted by  this  act,  whereby  the  concurrent 
vote  of  the  mayor,  counsel  to  the  corporation, 
and  controller  it  shall  be  decided  to  have  such 
printing  done  or  such  stationery  furnished 
without  contract  let  after  advertisements  for 
bids  or  proposals,  but  in  such  cases  such 
printing  shall  be  done  and  such  stationery 
procured  in  the  manner  and  on  such  terms 
and  conditions  as  the  said  officers  shali  deem 
to  be  for  the  best  interests  of  the  city. 

TITLE  7. 

GENERAL  PROVISIONS. 

Officers;  not  to  I>e  privately  interested 

in  contracts. 

Sec.  1,533.  No  member  of  the  municipal  as- 
sembly. head  of  department,  chief  of  bureau, 
deputy  thereof  or  clerk  therein,  or  other  of- 
ficer of  the  corporation,  shall  be  or  become, 
directly  or  indirectly,  interested  in  or  in  the 
performance  of  any  contract,  work  or  busi- 
ness, or  the  sale  of  any  article,  the  expense, 
price  or  consideration  of  which  is  payable 
from  the  city  treasury,  or  by  any  assessment 
levied  by  any  act  or  ordinance  of  the  muniei- 
pal  assembly;  nor  in  the  purchase  or  lease  of 
any  real  estate  or  o>ther  property  belonging 
to  or  taken  by  the  corporation,  or  which  shail 
be  sold  for  taxes  or  assessments,  or  by  vir- 
/tue  of  legal  process  at  the  suit  of  the  said 
corporation.  If  any  person  in  this  section 
mentioned  shail,  during  the  time  for  which 
he  was  elected  or  appointed,  knowingly  ac- 
quire an  interest  in  any  contract  or  work 
with  the  city,  or  any  department  or  officer 
thereof,  unless  the  same  shall  be  devolved 
upon  him  by  law,  he  shall,  on  conviction 
thereof,  forfeit  his  office  and  be  punished  for 
a misdemeanor.  All  such  contracts  in  which 
any  such  person  is  or  becomes  interested 
shall,  at  the  option  of  the  controller,  be  for- 
feited and  void.  No  person  in  this  section 
named  shall  give,  or  promise  to  give,  any 
portion  of  his  compensation,  or  any  money  or 
valuable  thing,  to  any  officer  of  the  city,  or 
to  any  other  person,  in  consideration  of  his 
having  been  or  being  nominated,  appointed, 
elected  or  employed  as  such  officer,  agent, 
clerk  or  employe,  under  the  penalty  of  for- 
feiting his  office  and  bedng  forever  disqualified 
from  being  elected,  appointed  or  employed 
in  the  service  of  the  city,  and  shall,  on  con- 
viction, be  punished  for  a misdemeanor. 

Id.;  may  lie  snmmarily  examined. 

Sec.  1,534.  Any  member  of  the  municipal 
assembly,  commissioner,  head  of  department, 
chief  of  bureau,  deputy  thereof  or  clerk  there- 
in, or  cither  officer  of  the  corporation  or  per- 
son, may,  if  a justice  shall  so  order,  be  sum- 
marily examined  upon  an  order  to  be  made 
on  application  based  on  an  affidavit  of  the 
mayor  or  of  the  controller,  or  any  five  mem- 
bers of  the  municipal  assembly,  or  any  com- 
missioner of  accounts,  or  of  any  five  citizens 
w}io  are  taxpayers,  requiring  such  examina- 
tion, and  signed  by  any  justice  of  the  supreme 
court  in  the  first  or  second  judicial  depart- 
ments directing  such  examination,  to  be  pub- 
licly made  at  the  chambers  of  said  court  in 
either  of  said  judicial  departments,  or  at  the 
office  of  said  department,  on  a day  and  hour 
to  be  named,  not  less,  however,  than  forty- 
eight  hours  after  personal  service  of  said 


order.  Such  examination  shall  be  confined 
to  an  inquiry  into  any  alleged  wrongful  di- 
version or  misapplication  of  any  moneys  or 
fund,  or  any  violation  of  the  provisions  of 
law,  or  any  want  of  mechanical  qualifications 
of  any  inspectorship  of  public  work,  or  any 
neglect  of  duty  in  acting  as  such  inspector, 
or  any  delinquency  charged  in  said  affidavit 
touching  the  office  or  the  discharge  or  neglect 
of  duty,  of  which  it  is  alleged  in  the  applica- 
tion for  said  order  that  such  member  of  the 
municipal  assembly,  head  of  department,  or 
other  aforementioned  officer  or  persons,  has 
knowledge  or  information.  Such  member  of 
the  municipal  assembly,  commissioner,  head 
of  department,  clerk  or  other  aforesaid  offi- 
cer or  person  shall  answer  such  pertinent 
questions  relative  thereto,  and  produce  such 
books  and  papers  in  his  custody  or  under  his 
control,  as  the  justice  shall  direct,  and  the 
examination  may  be  continued  from  time  to 
time,  as  such  justice  may  order,  but  the  an- 
swer of  the  party  charged  shall  not  be  used 
against  him  in  any  criminal  proceeding;  pro- 
vided, however,  that  for  all  false  answers  on 
material  points  he  shall  be  subject  to  the 
pains  and  penalties  of  the  crime  of  perjury. 
The  proceedings  may  be  continued  before  any 
other  justice  in  said  judicial  department,  anfl 
other  witnesses,  as  well  as  the  parties  mak- 
ing such  application,  may,  in  the  discretion 
of  said  justice,  be  compelled  to  attend  and 
be  examined  touching  such  alleged  delinquen- 
cies. Such  justice  may  punish  any  refusal 
to  attend  such  examination  or  to  answer  any 
questions  pursuant  to  his  order,  as  for  a con- 
tempt of  court,  and  shall  have  as  full  power 
and  authority  to  enforce  obedience  to  the  order 
or  directions  of  himself  or  any  other  justice, 
as  any  justice  of  the  supreme  court  may  now 
have,  or  shall  possess,  to  enfofee  obedience  or 
to  punish  contempt  in  any  case  or  matter 
whatever,  and  shall  impose  costs  upon  those 
promoting  such  an  examination,  not  exceeding 
$250,  if  he  thinks  there  was  no  probable  cause 
for  making  the  application  hereinbefore  pro- 
vided for,  the  said  costs  to  be  paid  to  the  offi- 
cer or  person  examined,  and  for  which  the 
said  officer  or  person  may  have  judgment  and 
an  execution.  The  examination  hereinbefore 
provided  for  shall  be  reduced  to  writing,  and 
be  filed  in  the  office  of  the  county  clerk  of 
such  county  within  the  first  or  second  judicial 
departments  as  the  judge  making  the  order 
for  the  examination  shall  direct  at  the  time  of 
making  such  order,  and  the  examination  so 
reduced  to  writing  and  filed  shall  be  at  all 
reasonable  times  accessible  to  the  public,  and 
notice  of  the  same  shall  he  given  to  the  de- 
partment in  which  said  officer  is  employed. 

Bai'ber  .^liops  may  I>e  open  on  Snmlay. 

Sec.  1,535.  The  provisions  of  an  act  to  regu- 
late barbering  on  Sunday,  being  chapter  823 
of  the  laws  of  1895,  permitting  barber  shops 
or  other  places  where  a barber  is  engaged  in 
shaving,  hair  cutting  or  other  work  of  a bar- 
ber to  be  kept  open,  and  the  work  of  a barber 
to  be  performed  therein  until  1 o’clock  of  the 
afternoon  of  the  first-day  of  the  week  in  the 
city  of  New  York,  as  heretofore  known  and 
bounded,  shall  be  applicable  to  and  be  in  full 
force  and  effect  in  all  of  the  territory  of  the 
city  of  New  York,  as  constituted  by  this  act. 

Retention  of  office  l>y  clerks  in  public 

employ  in  territory  con'solidated. 

Sec.  1,536.  All  the  clerical  and  other  subor- 
dinate forces,  including  janitors  of  public 
schools,  not  subject  to  removal  without 
cause,  in  the  public  employ  in  any  part  of  the 
city  of  New  York,  as  constituted  by  this  act, 
at  the  time  when  this  act  takes  effect,  shall 
continue  to  hold  their  respective  positions 
without  prejudice  or  advantage,  except  that 
nothing  in  this  section  contained  shall  oper- 
ate to  keep  in  the  service  of  the  city  of  New 


York,  as  constituted  by  thi.s  act,  any  clerk  or 
other  subordinate  whose  position  is  vacated 
by  reason  of  the  passage  of  this  act,  and  ex- 
cept that  the  clerks  and  .subordinates  of  de- 
partments that  are  altolished  or  reconstructed 
by  this  act,  under  the  same  or  under  other 
names  shall  continue  in  the  service  of  the  said 
city  under  the  jurisdiction  of  the  appropriate 
department  subject,  nevertheless,  to  removal 
in  accordance  with  the  provisions  of  tins  act 
for  cause,  or  to  abolish  unneces.sary  positions. 
The  mayor  of  the  city  of  New  York,  the  mayor 
of  the  city  of  Brooklyn,  tlie  mayor  of  Long 
Island  City,  the  chairman  of  the  board  of  super- 
visors of  the  county  of  Richmond  and  the 
CQunty  judge  of  Queens  county,  s’nall  meet  in 
the  mayor’s  office  in  the  city  of  New  York  on 
the  first  day  of  December,  1897,  and  as  often 
thereafter  during  the  month  of  December  as 
may  be  necessary,  and  prepare  and  adopt  a de- 
tailed plan  for  the  transfer  to,  and  the  p-arti- 
tion  between  the  several  public  departments, 
bureaus  and  offices  created  or  provided  for  by 
this  act,  of  ail  the  public  property  appertain- 
ing to  the  admiiii,=  tration  of  said  departments, 
bureaus  and  offices  in  the  several  municipal 
and  public  corporations  hereby  consolidated, 
and  the  books,  records,  vouchers  and  other 
papers  of  said  municipal  and  public  corpora- 
tions, and  to  .this  end  the  said  mayors  and 
chairman  and  county  judge,  or  any  one  duly 
authorized  by  them,  shall  have  full  and  free 
access  to  ail  the  public  papers,  documents  and 
records  in  each  of  said  municipal  and 
public  corporations.  The  said  piau 
shall  also  piiovide  for  the  apportion- 
ment between  the  several  public  de- 

partments, bureaus  and  offices,  and  the  assign- 
ment to  service  in  said  public  departments, 
bureaus  and  offices,  respectively,  so  far  as 
practicable,  of  all  the  subordinates  end  em- 
ployes in  ever}’-  bmncii  of  the  public  service  in 
each  of  the  several  municipal  and  public  cor- 
porations hereby  consolidated,  in  such  manner 
that  each  person  shall  be  assigned,  as  nearly 
as  may  be,  without  prejudice  or  advantage  to 
perfonm  the  same  service  and  in  the  same  part 
of  the  city,  and  to  hold  the  same  relative  rank 
cr  position  in  the  city  constituted  by  this  act 
as  he  performed  -and  held  at  the  time  said  plan 
of  apportionment  and  assignment  is  deter- 
mined upon.  Said  plan  shall  be  such  as  to  re- 
ceive the  approval  of  the  mayor  of  New  York 
as  to  persons  in  the  service  of  the  city  of  New 
York,  of  the  mayor  of  Brooklyn  as  to  persons 
in  the  service  of  the  city  of  Brooklyn,  of  tho 
mayor  of  Long  Island  City  as  to  persons  in 
the  service  of  Long  Island  City,  of 
the  chairman  of  the  board  of  supervisors  of 
Richmond  county  as  to  persons  in  the  service 
of  the  municipal  and  public  corporations  of 
Richmond  county,  and  of  the  county  judge  of 
Queens  county  as  to  persons  in  the  service 
of  the  towns  of  Newtown,  Flushing,  Jamaica 
and  that  part  of  the  town  of  Hempstead  by 
this  act  included  within  the  city  of  New  York. 
The  said  plan  when  determined  upon  .shall  be 
signed  by  said  mayors  and  said  chairman  and 
said  county  judge,  or  a majority  of  them, 
and  shall  be  published  in  the  City  Record 
for  such  length  of  time  as  they  may  direct. 
Said  plan  and  the  apportionment  and  assign- 
ment herein  provided  for  shall  take  effect 
on  the  first  day  of  January,  1898,  and  on  and 
after  said  date  the  persons  named  therein 
shall  be  deemed  to  hold  and  shall  hold  the 
respective  positions  to  which  they  may  be 
assigned  in  said  plan,  until  removed,  as 
herein  provided,  and  their  assignment  to  seiw- 
ice  shall  not  be  deemed  or  construed  to  be 
a new  appointment  or  reappointment,  but 
shall  be  deemed  to  be,  and  shall  he,  a con. 
tinuation  of  the  appointment  and  employment 
theretofore  held  by  them.  The  head  of  every 
department,  and  every  other  officer  by  tbls 


148 


■ THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


act  given  power  to  appoint,  remove  and  fix 
and  regulate  the  salaries  of  his  subordinates, 
appointees  and  employes,  shall  have  power 
upon  assuming  office,  or  at  any  time  there- 
after, to  remove  any  person  assigned  to  serv- 
ice under  him  by  said  plan,  and  to  fix  and 
regulate,  within  the  limits  of  his  appropriation 
and  subject  to  the  restrictions,  if  any,  here- 
inbefore prescribed,  the  salaries  and  compen- 
sation of  his  said  subordinates,  appointees  and 
employes.  At  any  time  within  one  year  after 
the  first  day  of  January,  189S,  any  subordinate 
or  employe  in  any  public  department,  bureau 
or  office  of  the  city  hereby  constituted  may  be 
transferred  to  any  other  public  department, 
bureau  or  office  of  said  city,  provided  such 
transfer  be  consented  to  by  the  mayor  and 
by  the  head  of  the  department,  bureau  or 
office  from  which  such  subordinate  or  employe 
is  so  transferred,  and  the  head  of  the  depart- 
ment, bureau  or  office  to  which  such  subordi- 
nate or  employe  is  so  transferred.  None  of 
the  provisions  of  this  section  in  regard  to 
transfers  and  assignments  shall  apply  to  the 
fire  department  or  the  police  department,  nor 
to  the  New  York  and  Brooklyn  bridge,  nor  to 
the  public  schools  and  the  department  of  edu- 
cation, nor  to  transfers  to  be  made  by  the 
board  of  public  improvements  as  provided  in 
section  460  of  this  act. 

The  incumbents  of  positions  abolished  or 
made  unnecessary  by  this  act  shall  be  preferr- 
ed for  appointment  to  positions  demanding 
their  service.  For  this  purpose  the  civil  serv- 
ice commissioners  are  directed,  as  far  ae 
practicable,  to  place  the  names  of  such  per- 
6ons  on  the  proper  eligible  lists,  and  to  give 
them  on  said  lists  the  preference  after  vet- 
erans. 

The  civil  service  regulations  in  force  at  the 
time  this  aot  takes  effect  in  the  various  parts 
of  the  city  of  New  York,  as  constituted  by 
this  act,  and  all  eligible  lists  created  there- 
under in  said  parts  of  the  city  respectively, 
shall  continue  in  full  force  and  effect  until  new 
regulaitions  shall  have  been  adopted  in  ac- 
cordance v/ith  the  provisions  of  this  act  and 
new  eligible  lists  made  in  accordance  with 
such  regulations. 

Books,  papers,  etc.,  wliere  filed. 

Sec.  1,537.  All  public  books,  papers  and 
documents  of  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New  York,  and  of  the 
city  Of  Brooklyn,  and  of  Long  Island  City 
and  of  any  board,  body  or  officer  of,  or  in 
the  territory  of  the  county  of  Richmond,  so 
far  as  such  public  books,  papers  and  docu- 
ments relate  to  the  governmental  functions 
by  this  act,  devolved  upon  the  municipal  cor- 
poration created  by  this  act,  and 

of  any  board,  body  or  officer  of 

or  in  that  part  of  the  county  of  Queens 
consolidated  by  this  aot  into  a municipal 
corporation,  so  far  as  such  public  books,  pa- 
pers and  documents  relate  to  the  govern- 
mental functions  by  this  act  devolved  upon 
the  municipal  corporation  created  by  this  act, 
and  also  the  public  books,  papers  and  docu- 
ments of  any  officer,  hoard  or  body  of  any 
district,  town  or  village  or  of  any  office 
■within  the  said  territory  that  relate  to  the 
governmental  functions  by  this  act  devolv- 
ed upon  the  city  otf  New  York  created  by  this 
aot,  shall  he  transferred  to  and  filed  with  the' 
appropriate  -departments  or  officers  of  the 
city  of  New  York,  provided  however  that  this 
section  shall  not  be  deemed  to  apply  to  any 
public  books,  papers  or  documents  of  any  reg- 
ister, sheriff,  district  attorney,  coroner  or 
county  clerk  in  said  territory  or  in  any  part 
thereof.  And  it  shall  be  the  duty  of  all  per- 
sons having  charge  of  such  hooks,  papers  and 
documents  to  deliver  the  same  to  and  file 


the  same,  with  the  appropriate  officer  or  de- 
partment as  in  this  section  provided. 

Territorial  oi>eratioii  of  contracts, 
grants  ami  franeliise.s  not  extemlefi. 

Sec.  1,538.  This  act  shall  not  extend  the 
territorial  operation  of  any  rights,  contracts 
or  franchises  heretofore  granted  or  made 
by  the  corporation  known  as  the  mayoi’,  aider- 
men  and  commonalty  of  the  city  of  New  York, 
or  by  any  of  the  municipal  and  public  cor- 
porations ■5\’hich  by  this  act  are  united  and 
consolidated  therewith,  including  the  counties 
of  Kings  and  Richmond,  and  the  same  shall 
be  restricted  to  the  limits  respectively  to 
which  they  would  hhve  been  confined  if  this 
act  had  not  been  passed;  nor  shall  this  act  in 
any  way  validate  or  invalidate  or  in  any 
manner  affect  such  grants,  but  they  shall 
have  the  same  legal  validity,  force,  effect  and 
operation,  and  no  other  or  greater  than  if  this 
act  had  not  been  parsed. 

Price  of  ga.s  in  Riclimoml  ami  dueeiis 
coiiiitics. 

Sec.  1,539.  The  price  of  illuminating  gas 
tn  the  county  of  Richmond  and  in  that  part 
or  the  county  of  Queens  included  within  the 
city  of  New  York,  as  hereby  constilnied, 
shall  not  be  affected  by  this  act. 

Platting'  of  laiiilM  and  iledicatioii  of 
streets  and  i>n!>lic  plaecs. 

Sec.  1,540.  No  map  of  the  subdivision  of 
lands  or  the  platting  thereof  into  streets  or 
avenues  and  blocks  within  the  limits  of  the 
city  of  New  York  shall  hereafter  be  registered 
or  become  effectual  and  binding  as  a dedi- 
cation of  the  streets,  avenues  or  public  places 
on  such  map  or  plat  until  such  map  or  plat 
has  been  submitted  by  the  owner  to  and  ap- 
proved by  the  boaid  of  public  improvements, 
which  in  acting  thereon  shall  examine  and 
determine  whether  the  streets  and  avenues 
are  of  adequate  aud  suitable  width  and  laid 
out  with  due  reference  to  connecting  streets 
and  avenues.  Upon  such  approval  the  title 
of  the  owner  or  owners  of  the  land  to  all 
streets,  avenues  and  public  places  designated 
on  the  map  or  plat,  shall  immediately  vest  in 
fee  clear  of  all  incumbrances  in  the  city  of 
New  York  in  trust  for  the  designated  public 
uses.  .Such  map  or  a copy  thereof  shall  re- 
main of  record  in  the  office  of  the  board  of 
public  improvements,  and  a copy  thereof,  with 
the  approval  of  the  said  board  indorsed  there- 
on, shall  be  filed  and  recorded  in  the  office  of 
the  register  of  deeds  or  county  clerk  of  the 
county  in  which  the  land  is  situated  and  in- 
dexed therein  as  deeds  are  now  required  by 
law  to  be  indexed.  The  municipal  assembly, 
upon  the  recommendation  of  the  board  of  pub- 
lic improvements  may  from  time  to  time  pass 
appropriate  ordinances  not  inconsistent  with 
law  and  this  act  to  carry  the  provisions  of  this 
section  into  effect  and  regulate  proceedings 
thereunder. 

Majoi-ity  of  l)oal*«ls  of  departments; 
«lluornm;  powers. 

Sec.  1,541.  A majority  of  the  members  of  a 
board  in  any  department  of  the  city  govern- 
ment, and  also  of  the  board  for  the 
revision  of  assessments,  shall  constitute 
a quorum  to  fully  perform  and  discharge 
any  aot  or  duty  authorized,  possessed  by  or 
imposed  upon  any  department  or  any  board 
aforesaid,  and  with  the  same  legal  effect  as 
if  every  member  of  any  such  board  aforesaid 
had  been  present,  except  as  herein  other- 
wise specially  provided.  Each  hoard  may, 
except  as  herein  otherwise  provided,  choose, 
in  its  own  pleasure,  one  of  its  members  who 
shall  be  its  president,  and  one  who  shall  be 
its  treasurer,  and  may  appoint  a chief  clerk 
or  secretary.  No  expense  shall  be  incurred 
by  any  of  the  departments,  boards  or  officers 
thereof,  unless  an  appropriation  shall  have 


been  previously  made  covering  such  expense, 
nor  any  expense  in  excess  of  the  sum  appro- 
priated in  accordance  with  law. 

Expcii.ses  not  to  exeeeil  approi>riatlon. 

Sec.  1,542.  It  shall  be  the  duty  of  the  heads 
of  all  departments  of  said  city, . and  of  all 
boards  and  officers  charged  with  the  (Juty  of 
expending  or  incurring  obligations  payable 
out  of  the  moneys  raised  by  tax  in  said  city, 
so  to  regulate  sudh  expenditures  for  any  pur- 
pose or  object,  that  the  same  shall  not  in 
any  one  year  exceed  the  amount  appropri- 
ated by  the  board  of  estimate  and  apportion- 
ment for  such  purpose  or  object;  and  no 
charge,  claim  or  liability  shall  exist  or  arise 
against  said  city  for  any  sum  in  excess  of 
the  amount  appropriated  for  the  several  pur- 
poses. 

Heads  of  departments;  control  over 

subordinates;  removal. 

Sec.  1,543.  The  heads  of  all  departments 
{except  as  otherwise  specially  provided)  shall 
cave  power  to  appoint  and  remove  all  chiefs 
of  bureaus  (except  the  chamberlain)  as  also 
all  clerks,  officers,  employes  and  subordinates 
in  their  respective  departmjents,  except  as 
herein  otherwise  specially  provided,  without 
reference  to  the  tenure  of  office  of  any  exist- 
ing appointee.  But  no  regular  clerk  or  head 
of  a bureau  shall  be  removed  until  he  has 
been  allowed  an  opportunity  of  making  an. 
explanation;  and  in  every  case  of  a removal, 
the  true  grounds  thereof  shall  be  forthwith 
entered  upon  the  records  of  the  department 
or  board.  In  case  of  removal,  a statement 
showing  the  reason  therefor  shall  be  filed  in 
the  department.  The  number  and  duties  of 
ail  officers  and  clerks,  employes  and  subor- 
dinates in  every  department,  except  as  other- 
wise herein  specially  provided,  with  their  re- 
spective salaries,  whether  now  fixed  by  spec- 
ial law  or  otherwise,  shall  be  ^ such  as  tho 
heads  of  the  respective  departments  shall  des- 
ignate and  approve;  but  subject,  also,  to  the 
revision  of  the  board  of  estimate  and  appor- 
tionment; provided,  however,  that  the  aggre- 
gate expense  thereof  shall  not  exceed  the  to- 
tal amount  duly  appropriated  to  the  respec- 
tive departments  for  such  purposes.  Any  head 
of  department  may.  with  the  consent  of  the 
board  of  estimate  and  apportionment,  consoli- 
date any  two  or  more  bureaus  established  by 
law,  and  may  change  the  duties  of  any  bureau; 
and  it  shall  be  the  duty  of  the  head  of  the 
finance  department  to  bring  together  all  offi- 
cers and  bureaus  authorized  to  receive  money 
for  taxes,  assessments  or  arrears,  in  such 
manner  that  the  payment  of  the  same  can  be 
made,  as  nearly  as  practicable,  at  one  time 
and  place  and  in  one  office. 

Id.;  to  render  reports;  pnblicatlon. 

Sec.  1,544,  The  said  departments  and  all 
commissioners  appointed  by  the  mayor,  pur- 
suant to  the  provisions  of  this  act,  and  not 
constituting  heads  of  departments,  shall  once 
in  three  months,  and  at  such  other  times  as 
the  mayor  may  direct,  make  to  him,  in  such 
form  and  under  such  rules  as  he  may  pre- 
scribe, reports  of  the  operations  and  action 
of  the  same  and  each  of  them,  which  reports 
shall  be  published  in  the  City  Record.  The 
said  departments  and  commissioners  shall  al- 
ways, when  required  by  the  mayor,  furnish  to 
to  him  such  information  as  he  may  demand, 
within  such  reasonable  time  as  he  may  direct. 

Id.;  to  fnrnisli  copies  o£  papers  ou  de- 
mand. 

Sec.  1,545.  The  heads  of  all  departments, 
except  the  police  and  law  departments 
and  the  chiefs  of  each  and  every  bu- 
reau of  said  departments,  or  any  of 
them,  except  the  police  and  law  departments, 
shall,  with  reasonable  promptness,  furnish  to 
any  taxpayer  desiring  the  same,  a true  and 


149 


THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


certified  copy  of  any  book,  account,  or  paper 
kept  by  such  department,  bureau  or  officer  or 
such  part  thereof  as  may  be  demanded,  upon 
payment  In  advance  of  five  cents  for  every 
hundred  words  thereof  by  the  person  demand- 
ing the  same.  All  books,  accounts  and  papers 
In  any  department  or  bureau  thereof,  except 
the  police  and  law  departments,  shall  at  all 
times  be  open  to  the  inspection  of  any  tax- 
payer, subject  to  any  reasonable  rules  and 
regulations  in  regard  to  the  time  and  manner 
of  such  inspection  as  such  department,  bureau 
or  officer  may  make  in  regard  to  the  same, 
In  order  to  secure  the  safety  of  such  books, 
accounts  and  papers,  and  the  proper  use  of 
them  by  the  department,  bureau  or  officer; 
in  case  such  inspection  shall  be  refused,  such 
taxpayer,  on  his  sworn  petition,  describing 
the  particular  book,  account  or  paper  that  he 
desires  to  inspect,  may,  upon  notice  of  not 
less  than  one  day  to  such  department,  bureau, 
or  officer,  apply  to  any  justice  of  the  supreme 
court  for  an  order  that  he  be  allowed  to  make 
such  inspection  as  such  justice  shall  by  his 
order  authorize,  and  such  order  shall  specify 
the  time  and  manner  of  such  inspection. 

Record.s  to  be  kept  and  abstracts  pab- 

lisbed. 

Sec.  1,546.  In  every  department  or  board 
there  shall  be  kept  a record  of  all  its  transac- 
tions, which  shall  be  accessible  to  the  public 
and.  once  a week  a brief  abstract,  omitting 
formal  language,  shall  be  made  of  all  transac- 
tions, and  of  all  contracts  awarded  and  en- 
tered into  for  work  and  material  of  every 
description,  which  abstract  shall  contain  the 
name  or  names,  and  residences  by  street  and 
number  of  the  party  or  pai-ties  to  the  contract 
and  of  their  sureties,  if  any.  -A  copy  of  such 
abstract  shall  be  promptly  transmitted  to  the 
person  designated  to  prepare  the  City  Record 
and  shall  be  published  therein.  Notice  of  ail 
appointments  and  removals  from  office,  and 
all  changes  of  salaries,  shall  in  like  manner 
within  one  week  after  they  are  made,  be 
transmitted  to  and  published  in  the  City 
Record. 

Certificate  of  appointments. 

Sec.  1,547.  Every  person  who  shall  be  ap- 
pointed or  elected  to  any  office  under  the  said 
ci’cy  shall  receive  a certificate  of  appointment, 
designating  the  term  for  which  such  person 
has  been  appointed  or  elected. 

Official  oath. 

Sec.  1,548.  Every  person  elected  or  ap- 
pointed to  any  office  under  the  city  govern- 
ment shall,  within  five  days  after  notice  of 
such  election  or  appointment  take  and  sub- 
scribe, before  the  mayor  or  any  judge  of  a 
court  of  record,  an  oath  or  affirmation  faith- 
fully to  perform  the  duties  of  his  office, 
which  oath  or  af;|»mation  shall  be  filed  in  the 
office  of  the  city^lerk. 

Oflieer  not  to  hold  any  other  civil 

oflice. 

Sec.  1,549.  Any  person  holding  office, 
whether  by  election  or  appointment,  who 
shall,  during  his  term  of  office,  accept,  hold 
or  retain  any  other  civil  office  of  honor,  trust 
or  emolument  under  the  government  of  the 
United  States  (except  commissioners  for  the 
takipg  of  bail  or  register  of  any  court),  or 
of  the  state  (except  the  office  of  notary  public 
or  commissioner  of  deeds  or  officer  of  the 
national  guard),  or  who  shall  hold  or  accept 
any  other  office  ct^nected  with  the  govern- 
ment of  the  city  of  New  York,  or  who  shall 
accept  a seat  in  the  legislature,  shall  be 
deemed  thereby  to  have  vacated  any  office 
held  by  him  under  the  city  government.  No 
person  shall  hold  two  city  or  county  offices, 
except  as  expressly  provided  in  this  act,  nor 
sball  any  officer  under  the  city  government 
iiold  or  retain  an  office  under  the  county  gov- 


ernment, except  the  office  of  supervisor  or 
when  he  holds  such  office  ex-officio,  by  vir- 
tue of  an  act  of  the  legislature,  and  in  such 
case  shall  draw  no  salary  for  such  ex-officio 
office. 

Officers;  wlien  may  receive  and  retain 

fees. 

Sec.  1,550.  No  officer  of  the  city  government, 
except  the  city  marshals,  shall  have  or  re- 
ceive to  his  own  use  any  fees,  perquisites  or 
commissions  or  any  percentage;  but  every 
such  officer  shall  be  paid  by  a fixed  salary, 
and  all  fees,  percentages,  and  commissions 
received  by  any  such  officer  shall  be  the 
property  of  the  city.  And  every  officer  wiho 
shall  receive  any  fees,  perquisites,  commis- 
sions. percentages,  or  other  money  which 
should  be  paid  over  to  the  city,  shall,  be- 
fore he  shall  be  entitled  to  receive  any  sal- 
ary, make  under  oath  a detailed  return  to 
the  controller  showing  the  amount  of  all  such 
fees,  commissions,  percentages,  perquisites 
and  moneys  received  by  him  since-  the  last 
preceding  report,  the  person  from  whom  re- 
ceived and  the  reason  for  its  payment,  and 
shall  produce  tlie  receipt  of  the  chamberlain, 
showing  the  payment  to  him,  by  said  officer, 
of  the  aggregate  amount  thereof.  All  sums 
received  as  above,  or  for  licenses  or  permits, 
except  as  in  this  act  otherwise  expressly  pro- 
vided, shall  be  paid  over  weekly,  without  de- 
duction by  the  officers  or  department  (receiv- 
ing them,  to  the  chamberlain,  and  a detailed 
return  under  oath  shall  at  any  time  be  made 
in  such  form  as  the  controller  shall  prescribe, 
stating  when  and  from  whom,  and  for  what 
use  such  moneys  were  received.  No  city 
officer  Ttho  is  paid  a salary  for  his  services 
from  the  city  treasury  shall  receive  to  or  for 
his  own  use  any  fees,  costs,  allowances,  per- 
quisites of  office,  commissions,  percentage,  or 
moneys  paid  to  him  in  his  official  capacity; 
but  all  fees,  costs,  allowances,  perquisites, 
commissions,  percentages  and  moneys  so  paid 
or  received  by  any  such  officer  or  person,  shall 
be  the  property  of  the  city  and  shall 
be  paid  by  him  into  the  city  treasury;  and 
every  such  officer  or  person  who  shall  receive 
any  fees,  perquisites,  commissions,  percent- 
ages, or  other’  moneys  which  belong  to  the 
city,  and  should  be  so  paid  into  the  treasury, 
shall,  before  he  shall  be  entitled  to  receive  or 
to  be  paid  his  salary,  make  under  oath  a de- 
tailed statement  and  return  to  the  controller 
in  such  form  as  be  may  prescribe,  showing 
the  amount  of  all  such  moneys  received  by 
him  since  the  last  preceding  statement  and 
returns,  and  shall  produce  a receipt  showing 
the  payment  of  such  sum  into  the  treasury. 
The  controller  may  require  any  such  person 
or  officer  to  make  such  statement  and  return 
to  him,  if  it  be  not  made  as  herein  provided, 
and  may  examine  any  such  officer  or  person 
under  oath  touching  the  amount  of  any  fees, 
costs,  allowances,  perquisites,  commissions, 
percentages  or  moneys  paid  to  or  received  by 
him  in  his  official  capacity.  But  nothing  here- 
in contained  shall  be  construed  as  prohibiting 
the  receipt  of  fees  by  any  public  officer  on  ac- 
count of  the  collection  of  the  inheritance  tax 
as  now  provided  by  law,  or  as  repealing  the 
provisions  of  chapter  239  of  the  laws  of  1892. 

Id.;  defi’amliiig. 

Sec.  1,551.  Any  officer  of  the  city  govern- 
ment, or  person  employed  in  its  service,  who 
shall  willfully  violate  or  evade  any  of  the 
provisions  of  law,  or  commit  any  fraud  upon 
the  city,  or  convert  any  of  the  public  property 
to  his  own  use,  or  knowingly  permit  any 
other  person  so  to  convert  it,  or  by  gross  or 
culpable  neglect  of  duty  allow  the  same  to 
be  lost  to  the  city,  shall  be  deemed  guilty 
of  a misdemeanor,  and,  in  addition  .to  the 
penalties  imposed  by  law,  and  on  conviction. 


shall  forfeit  his  office,  and  be  excluded  for- 
ever after  from  receiving  or  holding  any  of- 
fice under  the  city  government;  and  any  per- 
son who  shall  willfully  sv/ear  falsely  in  any 
oath  or  affirmation  required  by  this  chapter 
shall  be  guilty  of  perjury. 

Money  not  to  l>e  paid  to  sectarian 
seliools;  public  property;  how  dis- 
po.sed  of. 

Sec.  1,552.  No  money  belonging  to  the  city, 
raised  by  taxation  upon  the  property  of  the 
citizens  thereof,  shall  be  appropriated  in 
aid  of  any  religious  or  denominational 
school,  neither  shall  any  property,  real  or 
personal,  belonging  to  said  city,  be  dis- 
posed of  to  any  such  school,  except  upon 
the  sale  thereof  at  public  auction,  after  the 
same  has  been  duly  advertised,  at  which 
sale  such  school  shall  be  the  highest  bidder, 
and  upon  payment  of  the  sum  so  bid  into 
the  city  treasury;  neither  shall  any  property 
belonging  to  the  city,  be  leased  to  any  school 
under  the  control  of  any  religious  or  denomi- 
national institution,  except  upon  such  terms 
as  city  property  may  be  leased  to  ’ private 
parties  after  the  same  has  been  duly  adver- 
tised. |_iij 

Property  to  be  sold  at  auction. 

Sec.  1,553.  All  property  sold  other  than  land 
under  water  shall  be  sold  at  auction,  after 
previous  public  notice,  under  the  superintend- 
ence of  the  appropriate  head  of  department. 
The  proceeds  of  all  sales  made  under  and 
by  virtue  of  this  act  shall,  except  as  herein 
otherwise  specially  provided,  be  by  the  officer 
receiving  the  same  immediately  deposited 
with  the  chamberlain;  and  the  account  of 
sales,  verified  by  the  officer  making  the  sales, 
shall  be  Immediately  filed  in  the  office  of  tha 
controller. 

Patented  articles;  bow  supplied. 

Sec  1,554.  Except  for  repairs  no  patented 
pavement  shall  be  laid  and  no  patented  ar- 
ticle shall  be  advertised  for,  contracted  for 
or  purchased,  except  under  such  circum- 
stances that  there  can  be  a fair  and  reason- 
able opportunity  for  competition,  the  condi- 
tions to  secure  which  shall  be  prescribed  by 
the  board  of  estimate  and  apportionment.  • 

Special  provision  as  to  papers  former^ 
ly  filed  in  otSiees  of  town  clerks. 

Sec.  1,555.  Except  as  otherwise  provided  by 
this  act,  all  papers  now  required  by  law  to 
be  filed  and  recorded  in  the  town  clerk’s  of- 
fice in  any  of  the  towns  by  this  act  united 
and  consolidated  into  the  city  of  New  York, 
shall  after  this  act  takes  effect,  he  filed  and 
recorded  in  the  office  of  the  clerk  of  the  coun- 
ty in  which  such  town  is  situated,  and  all 
such  papers  filed  and  recorded  in  any  town 
clerk’s  office  of  such  towns,  and  the  records 
thereof  shall,  immediately  after  this  act  takes 
effect,  be  deposited  in  such  county  clerk’s  of- 
fice by  the  town  clerks  of  such  towns,  and 
shall  remain  of  record  therein. 

Code  of  ordinances;  wlien.  to  be  priina 
facie  evidence. 

Sec.  1,556.  A code  or  other  volume  contain- 
ing the  ordinances  and  bylaws  of  the  city 
published  by  authority  of  the  municipal  as- 
sembly shall  be  prima  facie  evidence  in  all 
courts  of  justice  of  the  authenticity  of  such 
ordinances  and  bylaws. 

Responsible  gnai’antee  company  may 
act  as  surety. 

Sec.  1,557.  Wherever  this  act  provides  for 
the  giving  of  an  official  bond  with  surety  or 
sureties,  such  surety  or  sureties  may  consist 
of  a responsible  guaranty  company,  provided 
the  same  shall  be  satisfactory  to,  and  be  ap- 
proved by  the  officer  or  officers,  or  bo4¥ 


150 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


whose  duty  it  is  to  approve  such  bond  or 
sureties. 

Tenure  «if  olliee. 

Sec.  l.S.oS.  -\11  officers  olocted  or  appointed 
under  this  act  shall,  unless  otherwi.se  e.x- 
pressly  provided  and  unles.s  sooner  removed, 
hold  their  respective  oflices  until  their  suc- 
cessors are  respectively  elected  or  appointed 
and  have  qualilied. 

Publication  to  be  iiisulc  in  t it  / Record, 
unless  otlierwisc  j»r<j vislcsl. 

Sec.  l,ijoP.  All  publications  required  by  this 
act  shall,  unless  otherwise  provided,  be  puo- 
lishod  in  the  City  Record,  and  one  publication 
therein  shall  be  sufficient,  unless  it  is  herein 
otherwise  prescribed. 

TITLE  8. 

COROXERS. 

Coroners  to  be  eleeteil  in  tlie  borougbs 

Section  1,570.  Four  coroners  shall  hereafter 
be  elected  in  the  borough  of  Manhattan,  two 
in  the  borough  of  the  Bronx,  two  in  the  bor- 
ough of  Brooklyn,  three  in  the  borough  of 
Queens  and  two  in  the  borough  of  Richmond. 
They  shall  be  elected  in  the  same  manner 
and  at  the  same  general  elections  as  are  the 
sheriff.s  in  the  several  counties  In  which  such 
boroughs  are  situated,  shall  hold  their  respec- 
tive offices  for  the  term  of  four  years  and 
shall  be  removable  in  the  same  man- 
ner as  sheriffs.  The  coroners  in  the 
borough  of  Manhattan  shall  hereafter  keep 
open  on  every  day  in  the  year,  including 
“undays  and  legal  holidays,  the  coroner’s  of- 
,ce  in  such  borough,  witii  a clerk  in  constant 
attendance  at  all  times  of  the  day  and  night. 

1«I.;  officers  junl  suborilinnf es  iirovirted 
for;  salaries  and  compensation. 

Sec.  1,571.  The  coroners  in  each  borough 
«hall  have  an  office  in  said  borough  and  shall 
appoint  a clerk  who  shall  receive  an  annual 
salary  to  he  fixed  by  the  board  of  estimate 
and  apportionment  and  the  municipal  as- 
sembly, abd  such  and  so  many  assistant 
clerks  as  shall  be  provided  for  in  the  annual 
estimate.  They  shall  also  appoint  a sten- 
ographer in  each  borough,  whose  duty  it 
shall  be  to  take  accurate  and  full  steno- 
graphic minutes  and  transcribe  the  same,  of 
all  proceedings  and  testimony  taken  before 
a jury  in  any  coroner’s  court,  held  by  any  one 
of  said  coroners.  Each  of  said  coroners  shall 
possess  all  the  powers  and  perform  all  the 
duties  vested  in  or  imposed  upon  coroners  by 
any  existing  laws  relatin.g  to  coroners  in  the 
city  of  New  York  as  heretofore  known  and 
bounded,  or  by  any  law  of  this  state.  The 
salaries  or  other  compensation  of  said  coro-- 
ners  shall  be  fixed  by  the  board  of  estimate 
and  apportionment  and  the  municipal  assem- 
bly. 

CHAPTEE  XXIII. 

PROVISIONS  RELATING  TO  THE  COUN- 
TIES AND  REPEAL  PROVISIONS. 

Title  1.  Provisions  relating  to  the  counties. 

2.  Repeal  provisions. 

TITLE  1. 

PROVISIONS  RELATING  TO  THE 
COUNTIES. 

■Wards  in  the  horongh  of  Broolclyu; 
how  designated. 

Sec.  1,577.  The  wards  of  the  former  city  of 
Brooklyn  aie  hereby  continued,  with  their 
present  boundaries  and  numbers,  and  shall 


be  known  and  designated  as  wards  of  the 
borough  of  Brooklyn. 

Wiir<1.4  in  horoiig’li.s  of  Mniilinttnn  and 
flie  Rroiix:  how  de.sigiiated. 

Sec.  1,578.  The  wards  of  the  corporation 
heretofore  known  as  the  mayor,  aldermen 
and  commonalty  of  the  city  of  New  York 
are  hereby  continued,  with  their  present 
boundaries  and  numbers,  and  shall  be  known 
and  designated  as  wards  of  the  borough  of 
Manhattan  and  the  Bronx,  respectively. 

Towns  and  x illages  in  Richmond  oonn- 
ty  aiiolislied. 

Sec.  1,579.  The  five  towns  and  all  the  in- 
corporated villages  within  the  county  of 
Richmond  are  hereby  abolished. 

Wai'ds  in  the  horongh  of  Richmond. 

Sec.  1,580.  The  territory  included  within 
the  towns  of  Castleton,  Middletown,  North- 
field,  Southfield  and  Westfield,  in  the  county 
of  Richmond,  shall,  in  the  order  named,  be 
known  and  designated  as  wards  One,  Two, 
Three,  Four  and  Five,  respectively,  of  the 
borough  of  Richmond. 

Towns  in  Q.neens  county  abolished; 
wards  in  horongh  of  (Jtieens. 

Sec.  1,581.  The  towns  of  Newtown,  Flushing 
and  Jamaica,  and  all  the  Incorporated  villages 
in  that  part  of  the  county  of  Queens  included 
within  the  city  of  New  York,  as  constituted 
by  this  act,  are  hereby  abolished.  The  territory 
heretofore  known  as  Long  Island  City  shall  be 
known  as  Ward  One  of  the  borough  of  Queens; 
the  town  of  Newtown  as  Ward  Two  of  said 
borough,  the  towm  of  Flushing  as  "Ward  Three; 
the  town  of  Jamaica  as  Ward  Four;  and  that 
part  of  the  town  of  Hempstead  included  within 
the  city  of  New  York,  as  constituted  by  this 
act,  shall  be  known  as  Ward  Five  of  the  said 
borough  of  Queens.  But  the  supervisors  of 
said  towns  who  are  in  office  when  this  act 
takes  effect,  shall  serve  out  their  respective 
terms  of  office  as  supervisors  of  the  wards  in 
which  they  respectively  reside,  and  shall  con- 
tinue to  be  members  of  the  board  of  supervis- 
ors of  the  county  of  Queen/. 

Municipal  a.ssembly;  power  to  change 
houndaries. 

Sec.  1,582.  The  municipal  assembly  maj’' 
from  time  to  time  by  ordinance  change  the 
boundaries  of  wards  and  create  other  wards 
as  the  public  good  and  convenience  may  re- 
quire. 

Salarie.s  of  county  officers  in  New 
Yorli,  Riehmoud  and  Rings  counties; 
how  met. 

Sec.  1583.  The  salaries  of  all  county  officers 
in  the  counties  of  New  York,  Kings,  Queens 
and  Richmond  shall  unless  otherwise  provided 
by  law  he  fixed  by  the  board  of  estimate  and 
apportionment,  subject  to  approval  by  the 
municipal  assembly,  and  al!  county  charges 
and  expenses  and  salaries  of  county  officers  in 
said  counties  and  each  of  them  shall  be  audited 
and  paid  by  the  city  of  New  York,  in  the 
same  manner  as  the  salaries  of  city  officers 
and  city  charges  are  paid;  but  nothing  in  this 
section  contained  shall  be  construed  as  in  any 
way  changing  or  modifying  the  provision  con- 
tained in  section  nine  hundred  and  two  of  this 
act,  to  the  effect  that  the  sums  necessary  to 
defray  the  salaries  of  county  officers  and  to 
pay  county  charges  and  expenses  in  said  coun- 
ties shall  be  levied  and  assessed  upon  the  prop- 
erty of  said  four  counties,  respectively,  so  that 
each  shall  ultimately  bear  and  pay  all  its 
own  county  charges,  nor  to  affect  the  county 
of  Queens  until  after  the  thirty-first  day  of 
December,  eighteen  hundred  and  ninety-nine. 
[Thus  amended  by  Chapter  74,  Laws  of  1899.] 

Eleetioii  of  county  officers  required  by 
tlie  constitution  not  affected. 

Sec.  1,584.  Nothing  in  this  act  contained  | 


shall  be  deemed  to  interfere  with  or  hereafter 
prevent  the  election,  under  and  pursuant  to 
laws  relating  thereto,  of  all  county  officers  re- 
quired by  the  constitution  of  the  state,  to  be 
elected  in  either  of  the  counties,  in  whole  or 
In  part,  included  within  the  city  of  New  York, 
as  constituted  by  this  act. 

Public  administrator  of  the  county  of 
New  York. 

Sec.  1,585.  Upon  the  taking  effect  of  this  act 
the  official  designation  of  the  public  adminis- 
trator in  the  city  of  New  York  as  heretofore 
known  and  bounded,  shall  be  the  public  ad- 
ministrator of  the  county  of  New  York,  and 
.such  officer  shall  continue  a county  officer 
with  the  powers,  duties  and  obligations  now 
prescribed  by  law,  and  the  present  provisions 
of  law  and  the  present  ordinances  relating  to 
said  public  administrator  shall  not  be  af- 
fected by  anything  herein  contained. 

Devolution  of  powers  vested  iu  boards 
of  supervisors. 

Sec.  1586.  All  powers  of  local  legislation  and 
administration  in  the  counties  of  New  York, 
Kings,  Queens  and  Richmond  which  are  not, 
at  the  time  of  the  taking  effect  of  this  act, 
vested  in  boards  of  supervisors  of  said  coun- 
ties by  an  act,  entitled  “An  act  to  provide  for 
boards  of  supervisors  in  counties  wholly  within 
the  limits  of  a city,  but  not  comprising  the 
Whole  of  such  city,  and  defining  the  powers 
and  duties  thereof,”  which  are  not  vested 
in  other  county  officers  required  by  the  con- 
stitution of  the  state  to  be  maintained  in  said 
four  counties,  respectively,  are  hereby  vested 
in  the  mun'cipal  assembly  of  the  city  of  New 
York,  as  constituted  by  this  act,  except  where 
otherwise  vested  by  this  act  in  administrative 
departments  or  officers  of  said  city.  And  in 
the  count.v  of  Queens  the  board  of  supervis- 
ors heretofore  elected  shall  exercise  their  du- 
ties as  supervisors  of  the  county  up  to  and  in- 
. eluding  the  thirty-first  day  of  December,  eigh- 
teen hundred  and  ninety-nine,  their  audits  and 
expenditures  however  to  be  limited  to  the 
amount  of  appropriations  or  sums  now  or 
heretofore  included  in  the  budgets  of  the  city 
of  New  York  or  the  county  of  Queens  and  said 
supervisors  shall  possess  no  power  to  raise  any 
further  sums  upon  the  credit  of  the  county  nor 
to  incur  any  new  liability  on  behalf  of  said 
county  except  as  herein  specifically  provided. 
[Thus  amended  by  Chapter  74,  Laws  of  1899.] 

Tbc  office  of  county  treasurer  of  tlie 
county  of  Ricbmoiid  abolisbecl. 

Sec.  1587.  The  office  of  the  county  treasurer 
of  the  county  of  Richmond  is  hereby  abolish- 
ed, and  after  the  thirty-first  day  of  December, 
eighteen  hundred  and  ninety-nine,  the  office  of 
the  county  treasurer  of  the  county  of  Queens 
shall  cease  to  exist,  and  all  the  powers,  duties 
and  obligations  of  said  county  treasurers  are 
hereby  devolved  upon  the  controller  of  the 
city  of  New  York  as  constituted  by  this  act. 
[Thus  amended  by  Chapter  433,  Laws  of  1899.] 

Proportion  of  tbe  debt  of  the  county  of 
Queens  assnmed  by  the  city  of  New 
York;  power  of  boai-d  of  supervisors 
of  said  county  to  bind  that  part 
thereof  inclnded  in  the  city  of  New 
York,  restricted. 

Sec.  1,588.  The  proportion  of  the  debt  of 
the  county  of  Queens  tthich  shall  be  as- 
sumed by  the  city  of  New  York,  as  consti- 
tuted by  this  act,  shall  be  determined  in  the 
manner  following: 

The  mayor  and  the  municipal  assembly  as 
representing  the  city  of  New  York  and  the 
board  of  supervisors  of  the  county  of  Queens, 
are  hereby  authorized  tjd  empowered  to 
agree,  if  they  can,  ar  to  the  amount  of  the 
debt  of  the  county  of  Queens,  which  should 
equitably  and  p?-3^rly  be  assumed  by  the 
city  of  New  York.  If  the  mayor  and  the  mu- 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


151 


Dicipal  assembly  of  the  city  of  New  York  and 
the  board  of  supervisors  of  said  county  of 
Queens  be  unable  to  agree  within  six  months 
after  this  act  takes  effect  as  to  the  pro- 
portion of  said  debt  cf  the  county  of  Queens 
to  be  assumed  by  the  city  of  New' York,  the 
supreme  court  of  the  Third  judicial  district 
shall  have  power  to  determine  the  proportion 
of  said  debt  of  the  county  of  Queens,  to  be 
assumed  by  said  city,  and  to  enforce  such 
award,  decision  and  determination,  as  shall 
be  made  in  the  premises  in  a suit  in  equity 
to  be  brought  by,  and  in  the  dame  of  either 
of  said  parties  not  less  than  six  months  nor 
more  than  one  year  after  the  taking  effect  of 
this  act.  Nothing  herein  contained  shall  impair 
the  obligation  of  any  contract;  and  the  proper- 
ty and  inhabitants  of  such  parts  of  the  county 
of  Queens,  as  are  by  this  act  consondated 
with  the  corporation  heretofore  known  as 
the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York,  shall  continue  liable  to  the 
existing  creditors  of  the  said  county  of 
Queens,  in  like  manner  as  if  this  act  had 
not  been  passed.  But  from  and  after  the 
taking  effect  of  this  act,  the  board  of  super- 
visors of  said  county  of  Queens  shall  have  I'o 
power  to  issue  any  bond,  obligation  or  other 
evidence  of  indebtedness  which  shall  bind  or 
render  liable  the  property  or  the  inhabitants 
of  any  part  of  said  county  included  within 
the  city  of  Nev/  York  as  hereby  constituted. 
The  apportionment  of  the  debt  of  the  county 
of  Queens  shall  be  determined  according  to 
the  relative  assessed  valuation  of  the  real 
property  included  in,  or  remaining  without 
the  city. 

Proportion  of  flie  debt  of  tlie  town  of 

Ilemp.Htcad  to  ite  aMMiime*!  b.i  tsie  c ii>  ; 

power  of  town  boarel  of  .said  town  to 

bind  that  i»art  thereof  incfanest  ijj 

the  city  of  New  York;,  restricted. 

Sec.  1,5S9.  The  proportion  of  th^  debt  of  the 
town  of  Hempstead  which  shall  be  assumed 
by  the  city  of  New  York,  as  constituted  by 
this  act,  shall  be  determined  in  the  follow- 
ing manner: 

The  mayor  and  the  municipal  assembly,  as 
representing  the  city  of  New  York  and  the 
town  board  of  the  town  of  Hempstead  are 
hereby  authorized  and  empowered  to  agree 
if  they  can,  as  to  the  amount  of  the  debt  of 
the  town  of  Hempstead,  which  should  equita- 
bly and  properly  be  assumed  by  the  city  of 
New  York.  If  the  mayor  and  the  municipal 
assembly  of  the  said  city  and  the  town  board 
of  said  town  be  unable  to  agree  within  six 
■months  alter  this  act  takes  effect  as  to 
the  proportion  of  said  debt  of  the  town  of 
Hempstead  to  be  assumed  by  the  city  of  New 
York,  the  supreme  court  of  the  Third  judicial 
district  sttiali  have  power  to  determine  the 
proportion  of  said  debt  of  the  town  of  Hemp- 
stead to  be  assumed  by  said  city,  and  to  en- 
force such  award,  decision  and  determina- 
tion as  shall  be  made  in  tbe  premises  in  a suit 
In  equity  to  be  brought  by  and  in  the  name 
of  either  of  said  parties  not  less  than  six 
months  nor  more  than  one  year  after  this  act 
takes  effect. 

Nothing  herein  contained  shall  impair  the 
obligation  of  any  contract;  and  the  property 
and  inhabitants  of  such  part  of  the  town  of 
Hempstead  a.s  is  by  this  act  consolidated  with 
tbe  corporation  heretofore  known  as  the 
mayor,  aldermen  and  commonalty  of  the  city 
of  New  York,  shall  continue  liable  to  the 
existing  creditors  of  the  said  town  of  Hemp- 
stead, in  like  manner  as  If  this  act  had  not 
been  passed.  But  from  and  after  the  taking 
effect  of  this  act,  the  town  board  of  said  town 
of  Hempstead  shall  have  no  power  to  issue 
any  bond,  obligation  or  other  evidence  of  in- 
debtedness which  shall  bind  or  render  liable 
tbe  property  or  inhabitants  of  any  part  of 


said  town  included  within  the  city  of  New 
York,  as  hereby  constituted.  The  apportion- 
ment of  the  debt  of  the  town  of  Hempstead 
shall  be  determined  according  to  the  relative 
assessed  valuation  of  the  real  property  in- 
cluded in,  or  remaining  without  the  said  city. 

Disposition  of  real  aii»l  personal  i>rop- 
erty  owned  by  or  held  in  trust  for 
the  town  of  Hempstead. 

Sec.  1,590.  All  the  real  property  owned  by 
the  town  of  Hempstead  and  situated  in  that 
part  of  said  town  included  within  the  city 
of  New  York,  as  constituted  by  this  act,  is 
hereby  vested  in  the  said  city  of  New  York 
and  divested  out  of  the  town  of  Hempstead; 
and  all  of  the  real  property  owned  by  the 
town  of  Hempstead  and  situated  elsewhere  in 
said  town  is  hereby  vested  in  the  town  of 
Hempstead  and  divested  out  of  the  said  city 
of  Nev/  York. 

All  of  the  property  owned  by  the  town  of 
Hempstead  other  than  real  property,  includ- 
ing money,  investments,  securities  on  invest- 
ments and  money  held  in  trust  for  the  bene- 
fit of  said  town,  directly  or  indirectly,  shall 
be  divided  between  the  said  town  and  the 
city  of  New  York,  as  constituted  by  this  act, 
and  the  proportion  of  the  same  to  which  each 
shall,  in  equity  and  good  conscience  be  en- 
titled to  receive  upon  such  division,  shall  be 
ascertained  and  determined  by  agreement  by 
and  between  the  town  board  of  the  town  of 
Hempstead,  upon  the  one  side,  and  the  mayor 
and  the  municipal  assembly  of  the  said  city 
of  New  York,  upon  the  other  side,  and  in 
case  of  their  inability  to  agree  upon  such 
division  within  six  months  after  this  act 
•shall  take  effect,  the  supreme  court  in  the 
Third  judicial  district  is  hereby  empowered 
to  divide  the  same  between  them  and  to  as- 
certain and  award  to  each  its  equiitable  pro- 
portion thereof,  and  to  enforce  its  determina- 
tion thereon,  and  either  of  the  said  munici- 
palities may  institute  and  prosecute,  in  its 
own  name,  an  action  in  equity  in  said  court 
for  that  purpose  after  the  expiration  of  six 
months  and  before  the  expiration  o^f  one  year 
after  this  act  takes  effect. 

Proportion  of  ftiiKis  nml  moneys  re- 
eeivetl  hy  tlie  city  which  shonld  be 
returned  to  Qnceii.s  county  Or  paid  to 
the  controller  of  the  State;  l»ow  de- 
termined. 

Sec.  1,591.  The  mayor  and  the  municipal 
assembly  of  the  city  of  New  York,  as  consti- 
tuted by  this  act,  and  the  board  of  super- 
visors of  the  county  of  Queens,  are  also  au- 
thorized and  empowered  to  determine  what 
proportion  cf  the  funds  and  moneys  that 
may  be  received  by  the  city  of  New 
York  pursuant  to  the  provisions  of  this 
act,  from  any  officer  of  any  of  the  municipal 
and  public  corporations  or  parts  of  muni- 
cipal and  public  corporations  within  the 
county  of  Queens,  and  hereby  consolidated 
with  the  corporation  heretofore  known  as 
the  mayor,  aldermen  and  commo.nalty  of  the 
city  of  New  York,  should  be  refunded  or  re- 
paid to  the  county  of  Queens,  as  representing 
taxes  levied  and  assessed  for  the  payment 
of  county  charges  and  expenses  within  said 
county,  and  in  like  manner  what  proportion 
of  said  moneys  that  may  be  so  received,  were 
levied  for  state  taxes  payable  by  said  county 
of  Queens  for  the  year  1898,  and  should 
therefore  be  turned  over  to  the  controller  of 
the  state  in  payment  and  discharge  of  said 
county’s  obligation  to  the  state  in  that  re- 
gard for  the  year  1898.  If  the  mayor  and  the 
municipal  assembly,  and  the  said  board  of 
supervisors  of  the  county  of  Queens  be  un- 
able within  three  months  after  this  act 
takes  effect  to  agree  as  to  any  or  either  of 
said  matters,  then  the  supreme  court  of  the 
Third  judicial  district  shall  have  power  to 


determine  in  each  case  where  a disagreement 
occurs  upon  said  matters,  and  each  of  them, 
and  to  enforce  such  determination  and  de- 
cision in  a suit  in  equity,  to  be  brought  in 
the  name  of  the  supervisors  of  said  county 
of  Queans,  or  of  the  controller  of  the  state, 
as  the  case  may  be,  not  less  than  six  months 
nor  more  than  one  year  after  this  act  takes 
effect. 

Board  of  snpervisors  of  Q,neens  connty 
not  to  levy  any  tax  upon  that  part  of 
said  oounty  withla  the  city. 

Sec.  1,592.  No  tax  either  for  state  or  for 
county  purposee  shall,  after  the  taking  effect 
of  this  act,  be  levied  by  the  'board  of  super- 
visors of  the  county'  of  Queene  upon  any  prop- 
erty situated  in  that  part  of  said  county  with- 
in the  city  of  New  York,  as  hereby  consti- 
tuted. 

Controller  of  state  to  determine 
ainonnt  of  county  charges  of  ttueens 
county  to  he  borne  hy  that  part  of 
said  county  within  the  city. 

Sec.  1593.  The  controller  of  the  state  shall 
have  power  and  is  hereby  authorized  to  deter- 
mine on  or  before  the  first  day  of  October 
in  the  year  eighteen  hundred  and  ninety- 
eight  the  amount  of  the  county  charges  and 
expenses  for  the  year  eighteen  hundred  and 
ninety-nine  which  should  be  equitably  borne 
by  that  part  of  the  county  of  Queens  situated 
within  the  c'ty  of  New  York,  as  hereby  con- 
stituted, and  to  report  the  amount  thereof  to 
the  controller  ot  said  city.  The  amount  so 
determined  by  the  controller  of  the  state, 
shall  be  levied  and  assessed  by  the  municipal 
assembly  of  said  city  upon  that  part  of  the 
ccunty  of  Queens  included  within  said  city, 
and  shall  be  collected  by  said  city  and  as  fast 
as  the  same  is  collected  or  the  amount  there- 
of raised  by  the  issue  of  revenue  bonds  in  an- 
ticipation of  its  collection  sh.all  be  paid  over 
by  said  city  to  the  county  treasurer  of  the 
county  of  Queens,  or  to  such  other  officer  of 
said  county  as  may  by  law  be  authorized  to 
receive  the  same.  The  amounts  to  be  raised 
by  tax  for  county  purposes  in  the  counties  of 
New  York,  Kings,  Queens  and  Richmond, 
shall  be  included  in  the  budget  of  the  city  of 
New  York  in  the  same  general  manner  di- 
rected by  section  two  hundred  and  twenty- 
six  of  this  act,  and  shall  be  raised  by  taxa- 
tion in  the  manner  provided  by  section  nina 
hundred  and  two  of  this  act.  [Thus  amended 
by  Chapter  74,  Laws  of  1899.] 

Controller  o£  state  to  rtetermine 
ainonnt  of  state  tax  to  be  paid  by  tbe 
part  of  tineens  comity  wltliin  tlie 
eity;  bow  levletl  and  eollected. 

Sec.  1,594.  It  shall  be  the  duty  of  the  con- 
troller of  the  state,  on  or  before  the  first  day 
of  October  in  each  year  to  compute  and 
apportion  the  amount  of  tax  for  state  pur- 
poses which  should  be  paid  by  that  part  of 
the  county  of  Queens  by  this  act,  included 
in  the  city  of  New  York,  and  to  transmit  a 
statement  of  such  amount  to  the  controller 
of  the  city  of  New  York  for  levy  and  collection 
by  the  said  city.  The  amount  of  which  a 
statement  is  thus  transmitted,  shall  be  levied 
upon  and  collected  from  the  entire  property 
within  the  territorial  limits  of  said  city  in 
like  manner  as  other  expenses  of  the  city. 

Controller  of  state  to  transmit  to  the 
city  a statement  of  the  state  tax  to 
be  paid  by  New  York,  Kings  and 
Richmond  comities;  bow  levied  and 
collected. 

Sec.  1,595.  It  shall  he  the  duty  of  the  con- 
troller oif  the  state  annually  to  transmit  to 
the  controller  of  the  city  of  New  York,  as 
hereby  constituted,  for  levy  and  collection 
by  said  city,  a statement  of  the  amount  of 
tax  for  state  purposes  to  be  paid  by  the  coun- 
ties of  New  York,  Kings  and  Richmond  tflp 


152 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


Bpectively.  The  amount  of  which  a statement 
is  thus  transmitted  by  the  controller  of  the 
state  to  the  controller  of  said  city,  shall  be 
levied  upon  and  collected  from  the  entire 
property  within  the  territorial  limits  of  said 
city  in  like  manner  as  other  expenses  of  said 
city. 

Controller  of  state  to  apportioii  tiueens 
eouiit>'  seliool  moneys. 

Sec.  1.59G.  It  shall  be  the  duty  of  the  con- 
troller of  the  state,  and  he  is  hereby  author- 
ized to  make  on  or  before  the  first  day  of 
February  in  each  year  an  apportionment  of 
the  school  moneys  which  should  equitably 
be  assigned  to  that  part  of  the  county  of  I 
Queens  included  within  the  city  of  New  York, 
as  hereby  constituted.  Such  portion  of  said 
school  moneys  as  shall  by  the  controller  of 
the  state  be  determined  to  belong  to  that  part 
of  the  county  of  Queens  included  within  the 
city  of  New  York,  shall  be  transmitted  to  the 
chamberlain  of  said  city  for  the  uses  and 
purposes  provided  for  in  the  chapter  on  edu- 
cation contained  in  this  act. 

.Seliool  moneys  for  New  York.  Kings 
nnrt  Rielimoml  countie.s  to  be  traii.s- 
mitteil  to  the  city. 

Sec.  1,597.  All  school  moneys  which  may 
after  the  taking  effect  of  this  act  be  allotted 
to  the  counties  of  New  York,  Kings  and  Rich- 
mond, respectively,  shall  be  transmitted  to 
the  chamberlain  of  the  city  of  New  York,  for 
the  uses  and  purposes  provided  for  in  the 
chapter  on  education  contained  in  this  act. 

TITLE  2, 

REPE.Ak  PROVISIONS— EFFECT  OP 
THIS  ACT. 

Inconsistent  provisions  of  consolida- 
tion act  repealed. 

Sec.  1,00S.  The  act  of  the  legislature  of  the 
state  of  New  York,  passed  July  1,  1882,  known 
as  the  New  York  city  consolidation  act  of 
1882,  and  acts  amendatory  thereof,  and  sup- 
plemental thereto,  and  other  acts  of  the  legis- 
lature of  the  state  of  New  York  now  in  force 
relating  to  or  affecting  the  local  government 
of  the  city  of  New  York,  as  hereto- 
fore constituted,  are  hereby  repealed  so 
far  as  any  provisions  thereof  are  incon- 
sistent with  the  provisions  of  this  act,  or  so 
far  as  the  subject  matter  thereof  is  revised  or 
included  in  this  act,  and  no  further.  So  far 
as  the  provisions  of  this  act  are  the  same  in 
terms  or  in  substance  and  effect  as  the  pro- 
visions of  the  said  consolidation  act,  or  of 
other  acts  of  the  legislature  now  in  force  re- 
lating to  or  affecting  the  municipal  and  public 
corporations,  or  any  of  them  herein  united 
and  consolidated,  this  act  is  intended  to  be 
not  a new  enactment  but  a continuation  of 
the  said  consolidation  act  of  1882,  and  said 
other  acts,  and  is  intended  to  apply  the  pro- 
visions thereof  as  herein  modified  to  the  city 
of  New  York  as  herein  constituted,  and  this 
act  shall  accordingly  be  so  construed  and  ap- 
plied. 

Omission  of  previotis  acts  not  to  bo 
ooiistrnetl  as  repealed. 

Sec.  1,C09.  The  mere  omission  from  this  act 
of  any  previous  acts  or  of  any  of  the  provis- 
ions thereof,  including  said  consolidation  act 
of  1882,  relating  to  or  affecting  the  munici- 
pal and  public  corporations  or  any  of  them 
which  are  herein  united  and  consolidated, 
shall  not  be  held  to  be  a repeal  thereof. 

Acts  applicable  to  the  city  of  New  York 
Sec.  1,610.  All  the  provisions  of  all  acts  of 
the  legislature  of  the  state  of  New  York,  in- 
cluding said  consolidation  act  of  1882,  of  a gen- 
eral and  permanent  character,  relating  to  the 
corporation  heretofore  known  as  the  mayor, 
Aldermen  and  commonalty  of  the  city  of  New  I 


York,  in  force  at  the  time  this  act  goes  into  ef- 
fect, which  are  consistent  with  this  act  and  its 
purposes,  and  which  are  not  revised  and  in- 
cluded in  or  the  subject  matter  thereof 
covered  by  this  act,  are  hereby  extended 
to  the  city  of  New  York  as  herein  constituted, 
so  far  as  they  are  consistent  with  this  act,  and 
are  not  in  their  nature  locally  inapplicable  to 
other  portions  of  the  city  than  the  corporation 
heretofore  known  as  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New  York.  And 
the  provisions  of  law  thus  extended  to  the  city 
of  New  York  as  herein  constituted  shall  apply 
to  said  city  throughout  its  whole  exten.t,  any- 
thing to  the  contrary  notwithstanding  con- 
tained in  the  charter  of  any  of  the  municipal 
or  public  corporations  or  laws  relating  there- 
to, which  are  by  this  act  united  and  consolidat- 
ed with  the  corporation  heretofore  known  as 
the  mayor,  aldermen  and  commonalty  of  th« 
city  of  New  York. 

To  take  effect  Jannary  1,  1898. 

Sec.  1,611.  For  the  purpose  of  determining 
the  effect  of  this  act  upon  other  acts  and  the 
effect  of  other  acts  upon  this  act,  this  act 
shall,  except  as  in  this  section  is  otherwise 
provided,  be  deemed  to  have  been  enacted  on 
the  first  day  of  January,  in  the  year  1898. 
This  act  shall  take  effect  on  the  first  day  of 
January,  1898;  provided,  however,  that  where 
by  the  terms  of  this  act  an  election  is  provided 
or  required  to  be  held  or  other  act  done  or 
forbidden  prior  to  January  1,  1898,  then  as  to 
such  election  and  such  acts,  this  act  shall 
take  effect  from  and  after  its  passage,  and 
shall  be  enforced  immediately,  anything  in 
this  chapter  or  act  to  the  contrary  notwith- 
standing. 

Invalidity  of  one  section  not  to  in- 
validate any  otbei-  section. 

Sec.  1,612.  The  invalidity  of  any  section  or 
provision  of  this  act  shall  not  invalidate  any 
other  section  or  provision  thereof. 
Interres'iiwin!  bow  prevented. 

Sec.  1,613.  To  guard  against  the  inconven- 
ience and  effects  that  might  arise  from  the 
changes  in  local  government  effected  by  this 
i act,  and  to  prevent  an  interregnum  and  oth- 
erwise to  carry  out  the  purposes  and  provi- 
sions of  this  act,  it  is  hereby  enacted  that  un- 
til this  act  and  its  several  provisions  shall 
take  effect  all  exisUng  acts  shall  remain  in 
force,  and  all  officers  in  office  when  this  act 
takes  efff5Ct  shall  remain  in  ofiice  until  their 
successors  are  respectively  elected  and  ap- 
pointed and  shall  have  qualified  under  ths 
provisions  of  this  act.  And  for  the  purposes 
aforesaid  as  well  as  for  any  ether  purpose 
necessary  or  proper  to  effectuate  the  scheme 
and  objects  of  this  act,  and  to  carry  into 
effect  the  powers  granted  by  this  act  to  the 
city  of  New  York,  the  municipal  assembly 
shall  have  power  by  ordinances  to  make  from 
time  to  time  all  such  provisions  concerning 
the  local  rule  and  government  of  the  city  of 
New  York  as  herein  constituted,  and  each  and 
ail  of  its  departments  as  it  may  find  neces- 
sary or  deem  needful  not  inconsistent  with 
the  constitution  and  laws  of  the  state  and  the 
express  provisions  of  this  act. 

Existing-  rights  and  remedies  pre- 
served. 

Sec.  1,614.  No  right  or  remedy  of  any 
character  shall  be  lost  or  impaired  or  af- 
fected by  reason  of  this  act.  This  act  shall 
not  affect  or  impair  any  act  done  or  right 
accruing,  accrued  or  acquired,  or  pemalty, 
forfeiture  or  punishment  incurred  prior  to  the 
time  when  this  act  takes  effect  or  by  virtue 
of  any  laws  repealed  or  modified  by  this  act, 
but  the  same  may  be  asserted,  enforced,  pros- 
ecuted or  infiicted  as  fully  and  to  the  same 
extent  as  if  this  act  had  not  been  passed  or 
said  laws  had  not  been  repealed  or  modified; 


and  all  actions,  suits,  proceedings  or  prosecu- 
tions under  the  New  York  city  consolidation 
act  of  1882  or  amendments  thereof,  or  other 
laws  relating  to  the  city  of  New  York  and 
herein  repealed  or  modified,  or  under  any 
charter  or  law  relating  to  any  of  the  munic- 
ipal and  public  corporations  which  are  herein 
united  and  consolidated  and  pending  when 
this  act  takes  effect.  Including  the  counties  of 
Kings  and  Richmond,  may  be  prosecuted  and 
defended  to  final  effect  in  the  same  manner  as 
they  might  under  the  laws  then  existing,  un- 
less herein  otherwise  specially  provided,  and 
such  actions,  suits,  proceedings  or  prosecu- 
tions may  be  continued  without  change  of 
name  or  title,  or  on  motion  the  city  of  New 
York  may  be  substituted  as  plaintiff  or  de- 
fendant, as  the  case  may  be,  in  the  place  of 
the  existing  party  to  whose  rights  and  obli- 
gations the  said  city  of  New  York  has  by 
force  of  this  act  succeeded.  The  corporation 
counsel  shall  assume  the  charge,  direction 
and  control  of  all  such  actions,  suits  and  pro- 
ceedings in  behalf  of  the  city  of  New  Y-ork. 
All  future  suits  by  or  against  the  city  of 
New  York  as  herein  constituted  or  against 
any  of  the  municipal  and  public  corporations 
in  this  act  united  and  consolidated  shall  be 
in  the  corporate  name  of  “The  City  of  New 
York.”  , 

Powers  of  corpoations  consolidated 

devolved  upon  the  city  of  New  York. 

Sec.  1,615.  Upon  the  taking  effect  of  this 
act,  on  the  first  day  of  January,  eighteen  hun- 
dred and  ninety-ei^ht,  all  the  municipal  and 
public  corporations,  except  counties,  which 
by  this  act  are  consolidated  with  the  corpora- 
tion heretofore  known  as  the  mayor,  aldermen 
and  commonalty  of  the  city  of  New  York,  shall 
cease  and  determine,  and  their  powers  to  the 
full  extent  of  legislative  power  in  this  behalf 
are  respectively  devolved  upon  the  corpora- 
tion of  the  city  of  New  York  as  herein  con- 
stituted and  the  municipal  assembly  thereof, 
unless  otherwise  expressly  provided  in  this 
act  or  by  law.  And  all  offices  forming  part  of 
the  local  government  of  the  said  municipal 
and  public  corporations  and  parts  thereof,  in- 
cluding cities,  villages,  towns  and  school  dis- 
tricts, but  not  including  counties,  which,  by 
the  first  section  of  this  act,  are  united  and 
consolidated  into  the  city  of  New  York  as 
herein  constituted,  are  hereby  abolished  as  to 
all  the  territory  embraced  within  the  limits 
of  said  city,  except  as  herein  otherwise  ex- 
pressly provided.  The  foregoing  does  not  in- 
clude the  office  of  recorder  of  the  former  city 
of  New  York,  which  is  hereby  continued  under 
the  name  and  title  of  recorder  of  the  county 
of  New  York. 

Forfeittire  or  loss  of  property  not 

workeil. 

Sec.  1,616.  Neither  the  above  nor  any  other 
provisions  of  this  act  shall  work  any  for- 
feiture or  loss  of  any  property  or  rights  there- 
in or  relating  thereto  held  in  trust  by  said 
municipal  and  public  corporations  or  any  of 
them,  or  to  which  they  or  any  of  them  are 
or  may  be  entitled,  and  the  city  of  New  York 
as  herein  eonetituted  is  hereby  declared  to 
be  the  successor  in  respect  of  such  property 
and  rights  of  the  said  municipal  or  public 
corporation  to  which  the  same  was  granted; 
and  the  said  city  of  New  York  shall  hold  the 
same,  as  well  as  all  other  property  and  rights 
to  which  such  corporation  may  he  entitled, 
ae  successor,  on  the  same  trust's  and  charged 
with  the  same  duties  as  the  municipal  or  pub- 
lic corporation  to  which  it  was  granted. 

Franclii.ses  and  other  grants  not 

affected. 

Sec.  1,617.  Neither  this  act  nor  anything 
contained  therein  shall  affect  any  grants  or 
franchises  or  properties  or  rights  of 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


W3 


nature  in,  to  or  concerning  property  of  any 
character  or  other  grants  made  by  the  Nicolls’ 
charter,  the  Dongan  charter,  the  Cornbury 
charter,  the  Montgomerie  charter,  by  the 
confirmatory  act  passed  the  14th  day  of 
October,  1732,  or  by  any  other  charter  or  act 
granted  to  the  corporation  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New 
York,  by  the  state  of  New  York,  or  granted 
by  said  state  to  the  City  of  Brooklyn  or  to 
any  of  the  other  municipal  and  public  cor- 
porations which  are  herein  united  and  con- 
solidated into  the  city  of  New  York,  and  each 
and  all  of  said  grants  are  to  all  Intents  and 
purposes  hereby  ratified,  granted,  confirmed 
and  extended  to  the  city  of  New  York  aa 
constituted  by  this  act 


This  act;  how  repealed  or  amended. 

Sec.  1,618.  This  act  or  any  section  or  pro- 
vision thereof  shall  not  be  deemed  to  be  re- 
pealed or  amended  by  any  act  of  the  legis- 
lature, unless  it  be  so  expressly  stated,  or 
the  legislative  intention  to  that  effect  is  un- 
mistakable. 

Chapter  942  of  the  Laws  of  1896  not 

repealed. 

Sec.  1,619.  Nothing  in  this  act  contained 
shall  be  deemed  to  repeal  the  provisions  of 
chapter  942  of  the  laws  of  1896. 

This  act  a pnhllc  act. 

Sec.  1,620.  This  act,  providing  for  uniting 
into  one  municipality  various  communities, 
including  the  city  and  county  of  New  York, 
the  city  of  Brooklyn,  the  county  of  Kin8>> 


the  county  of  Richmond  and  part  of  the  coun- 
ty of  Queens  with  the  municipal  and  publio 
corporations  therein,  as  in  this  act  provided. 
Is  Intended  to  be  and  shall  be  deemed  and 
held  in  all  courts  and  jurisdictions  to  be  a 
public  act,  of  which  the  courts  shall  take 
Judicial  notice.  And  this  act  shall  be  con- 
strued not  as  an  act  in  derogation  of  tht 
powers  of  the  state,  but  as  one  intended  to 
aid  the  state  in  the  execution  of  its  duties 
by  providing,  subject  to  the  constitution  and 
laws  of  the  state  and  the  provisions  and 
limitations  herein  contained,  an  adequate 
scheme  of  local  government  for  the  com- 
munities and  people  affected,  through  the  In- 
strumentality of  the  corporate  body  herein 
constituted  under  the  0 "The  OHy  of 
Now  York,” 


i 


154 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


PROPOSED  CONSTITUTIONAL 
AMENDMENT. 


PROPOSED  CONSTITIITIONAI.  AMEND- 
MENT AS  TO  LIMITATION  OF 
INDEBTEDNESS. 

Aiiieiicl  sectioii  lO.  article  VIII,  of  tlie 

constitution,  to  read  as  follows: 

“Counties,  cities  and  towns  not  to  give  or 
loan  money  or  credit;  limitation  ot  indebted- 
ness— Sec.  10.  No  county,  city,  town  or  viiiage 
shaii  hereafter  give  any  money  or  property, 
or  loan  its  money  or  credit  to  or  in  aid  of  any 
individuai,  association  or  corporation,  or  be- 
come d.irectiy  or  indirectiy.  the  owner  of  stock 
in,  or  bonds  of,  any  association  or  corpora- 
tion; nor  shaii  any  such  county,  city,  town  or 
viiiage  be  aiiowed  to  incur  any  indebtedness 
except  for  county,  city,  town  or  viiiage  pur- 
poses. This  section  shaii  not  prevent  such 
county,  city,  town  or  viiiage  from  making 
such  provision  for  the  aid  or  support  of  its 
poor  as  may  be  authorized  by  law.  No  coun- 
ty or  city  shall  be  allowed  to  become  in- 
debted for  any  purpose  or  in  any  manner  to 
an  amount  which,  including  existing  indebt- 
edness, shall  exceed  10  per  centum  of  the 
assessed  valuation  of  the  real  estate  of  such 
county  or  city  subject  to  taxation,  as  it  ap- 
peared by  the  assessment  rolls  of  said  county 
or  city  on  the  last  assessment  for  state  or 
county  taxes  prior  to  the  incurring  of  such 
indebtedness;  and  all  indebtedness  in  excess 
of  such  limitation,  except  such  as  may  now 
exist,  shall  be  absolutely  void,  except  as 
herein  otherwise  provided.  No  county  or 
city  whose  present  indebtedness  exceeds  10 
per  centum  of  the  assessed  valuation  of  its 
real  estate  subject  to  taxation  shall  be  allowed 
to  become  indebted  in  any  further  amount  un- 
til such  indebtedness  shall  be  reduced  within 
such  limit.  This  section  shall  not  be  con- 
strued to  prevent  the  issuing  of  certificates 
of  indebtedness  or  revenue  bonds  issued  in 
anticipation  of  the  collection  of  taxes  for 
amounts  actually  contained,  or  to  be  con- 
tained, in-  the  taxes  lor  the  year  when  such 
certificates  or  revenue  bonds  are  issued  and 
payable  out  of  such  taxes. 

“Nor  shall  this  section  be  construed  to  pre- 
vent the  issue  of  bonds  to  provide  for  the  sup- 
ply of  water;  but  the  term  of  the  bonds  issued 
to  provide  the  supply  of  water  shall  not  ex- 
ceed twenty  years,  and  a sinking  fund  shall 
be  created  on  the  issuing  of  the  said  bonds 
lor  their  redemption,  by  raising  annually  a 
sum  which  will  produce  an  amount  equal  to 
the  sum  of  the  principal  and  interest  of  said 
bonds  at  their  maturity.  All  certificates  of 
Indebtedness  or  revenue  bonds  issued  in  antic- 
ipation of  the  collection  of  taxes  which  are  not 
retired  within  five  years  after  their  date  of 
iissue,  and  bonds  issued  to  provide  for  the 
supply  of  water  and  any  debt  hereafter  in- 
curred by  and  portion  or  part  of  a city,  if 
there  shall  be  any  such  debt,  shall  be  in- 
cluded in  ascertaining  the  power  of  the  city 
to  become  otherwise  indebted.  When  the 
boundaries  of  a city  are  the  same  as  those  of 
a county,  or  when  any  city  shall  Include  with- 
in its  boundaries  more  than  one  county,  the 
power  of  any  county  wholly  included  with- 
in such  city  to  become  indebted  shall  ceaee, 
hut  the  debt  of  the  county  heretofore  exist-  . 
Ing  shall  not.  for  the  purposes  of  this  sec- 
tion, be  reckoned  as  a part  of  the  city  debt. 
The  amount  hereafter  to  be  raised  by  tax  for 
county  or  city  purposes,  in  any  county  con- 
taining a ctiy  of  over  one  hundred  thousand 
Inhabitants,  or  any  euch  city  of  this  state, 
in  addition  to  providing  for  the  principal  and 
Interest  of  existing  debt,  shall  not  in  the 
aggregate  exceed  in  any  one  year  two  per 


centum  of  the  assessed  valuation  of  the  real 
and  personal  estate  of  such  county  or  city, 
to  be  ascertained  as  preecribed  in  this  sec- 
tion in  respect  to  county  or  city  debt.” 


SOME  HISTORIC  POINTS. 


PROGRESS  OF  NEW  YORK. 

1626 — Manhattan  Island  ceded  to  the 
Dutch  by  the  Indians  for  about  $2G,  May  G. 
1656 — New  Amsterdam,  population  about 

1.000,  including  slaves. 

1664— New  Anjsterdam  changed  to  New 
York.  September  8. 

1686 — The  Dongan  charter  granted  by 
James  II,  April  27. 

1731 — New  charter,  under  seal  of  George 

111.,  presented  to  the  city,  February  11. 

1783 — British  evacuate  the  city,  November 

25. 

1784: — First  American  city  government 
established,  February  7. 

1812 — City  Hall,  cornerstone  of  which  laid 
by  Edward  Livingston,  September  30,  1803, 
completed. 

1849 — Amended  city  charter  took  effect 
June  1. 

1873 — Morrisania,  West  Farms  and  Kings- 
briclee  annexed.  May  23. 

1881 — North  Brother  Island  annexed. 


MAYORS  OF  NEW  YORK. 


Mayors.  Terms. 

Thomas  Wlllet  1665 

Thomas  Willet  1667 

Thomas  Delavall  1666 

Cornells  Steenwyck  1668 — 1670 

Thomas  Delavall  1671 

Matthias  Nicolls  1672 

John  Lawrence  1673 

William  Darvall  1675 

Nicholas  de  Meyer 1676 

S.  Van  Cortlandt 1677 

Thomas  Delavall  1678 

Francis  Rombouts  1679 

William  Dyer  1680 — 1681 

Cornells  Steenwyck  1682 — 1683 

Gabriel  Minvielle  1684 

Nicholas  Bayard  1685 

S.  van  Cortlandt 1686 — 1687 

Peter  de  la  Noy 1689 — 1690 

John  Lawrence  1691 

Abraham  de  Peyster 1692 — 1695 

William  Merritt  ,.1695 — 1698 

Johannes  de  Peyster !.1698 — 1699 

David  Provoost  1699 — 1700 

Isaac  de  Riemer  1700 — 1701 

Thomas  Noell  1701 — 1702 

Philip  French  .....1702 — 1703 

Wiliiam  Peartree  1703 — 1707 

Ebenezer  Wilson  1707 — 1710 

Jacobus  Van  Cortlandt  1710 — 1711 

Caleb  Heathcote  1711 — 1714 

John  Johnson  1714 — 1719 

Jacobus  van  Cortlandt'. 1710 — 1711 

Robert  Walters  1720 — 1725 

Johannes  Jansen  1725 — 1726 

Robert  Lurting  1726 — 1735 

Paul  Richards  1735 — ^1739 

John  Cruger  1739 — 1744 

Stephen  Bayard  1744 — 1747 

Edward  Holiand  1747 — 1757 

John  Cruger  1757 — 1766 

Whitehead  Hicks  1766 — 1776 

David  Matthews,  Tory 1776 — 1784 

James  Duane  1784 — 1789 

Richard  Variok  1789 — 1801 

Edward  Livingston  1801 — 1803 

De  Witt  Clinton 1803 — 1807 

Marinus  Willett  1807 — 1808 

De  Witt  Clinton  1808 — 1810 

Jacob  Radcliff  1810 — 1811 

De  Witt  Clinton 1811 — 1815 

John  Ferguson  1815 


Jacob  Radcliff  

Cadwallader  D.  Colden 

Stenhen  Allen  

William  Paulding  

Philip  Hone  

William  Paulding  

Walter  Bowne  

Gideon  Lee  

Cornelius  W.  Lawrence 
Aaron  Clark  


1815—1818 
IRIS— 1821 
1821—1824 

1825—  1?S6 

1826— 1827 

1827— 1829 
1829-1833 

1833— 1834 

1834— 1837 
1837—1839 


Isaac  L.  Varian  1839 — 1841 

Robert  H.  Morris 1841 — 1844 

.Tfimps  Harper 1944 — 1847 

William  v.  Brady..'. 1847— 1848 

William  F.  Havemeyer 1848 — 1S49 


Caleb  S.  Woodhull..„ 

Ambrose  C.  Kingsland 

Jacob  A.  Westervelt 

Fernando  Wood  

Daniel  N.  Tlemann 

Fernando  Wood  

George  Opdyke  

C.  Godfl-ey  Gunther  

John  T.  Hoffman 

T.  Coman  {acting  mayor)... 

A.  Oakey  Hall 

William  F.  Havemeyer 

■William  H.  Wickham 

Smith  Ely  

Edward  Cooper  

William  R.  Grace 

Franklin  Edson  

William  R.  Grace 

Abram  S.  Hewitt  

Hugh  J.  Grant 

Thomas  P.  Gilroy  

William  L.  Strong..- 


1849-^1851 

1851—1853 

1853—1855 

1855—1858 

1858—1860 

1860—1862 

1862—1864 

1864—1866 

1866—1868 

1868 

1869—1872 

1873—1874 

1875—1876 

1877—1878 

1879—1880 

1881—1882 

1883—1884 

1885—1886 

1887—1888 

1889—1892 

1893—1894 

1895—1897 


PROGRESS  OF  BROOKLYN. 

1623 — Brookiyn  settied  by  Europeans  in 
neighborhood  of  the  Waiiabout. 

1646 — Brookiyn  organized  as  a viiiage, 
June  12. 

1653 — Brooklyn  received  a Dutch  charter. 

1665 — Brooklyn  received  an  English 
charter. 

1686 — Governor  Dongan  granted  a new 
charter  to  Brooklyn  upon  payment  annually 
of  20  bushels  of  wheat  as  quit  rent. 

1788 — Brooklyn  organized  as  a town  under 
state  law,  March  7. 

1801 — Brooklyn  organized  as  a village, 
April  2.  The  records  show  that  Brooklyn  was 
re-ferred  to  as  a town  as  early  as  1642. 

1801 — Brooklyn  incorporated  as  a fire  dis- 
trict, April  2.  Tljere  was  a fire  district  in 
Brooklyn  in  1785. 

1816 — Brooklyn  village  incorporated. 

1826 — Village  of  Brooklyn  divided  into  five 
districts  (not  wards). 

1834 — Brooklyn  incorporated  as  a city, 
April  8. 

1840 — Williamsburgh  organized  as  a town 
from  Bushwick. 

1851 — Williamsburgh  incorporated  as  a 
city,  April  7. 

1855 — Brooklyn,  Williamsburgh  and  Bush- 
wick consolidated  by  act  of  April,  1854,  which 
■w^ent  into  effect  January  1,  1855. 

1886 — The  town  of  New  Lots  was  annexed 
to  Brooklyn. 

1894 — The  towns  of  Flatbush,  Platlands 
Gravesend  and  New  Utrecht  annexed  to  the 
City  of  Brooklyn. 

MAYORS  OF  BROOKLYN. 


Mayors.  Terms  of  office. 

George  Hall  1834 

Jonathan  Trotter  1835 — 1836 

Jeremiah  Johnson  1837 — 1838 

Cyrus  P.  Smith 1839—1841 

Henry  C.  Murphy 1842 

Joseph  Sprague  1843 — 1844 

Thomas  G.  Talmage  1845 

Francis  B.  Stryker 1846 — 1848 

Edward  Copeland  1849 

Samuel  Smith  1850 

Conklin  Brush  1851 — 1852 

Edward  A.  Lambert 1853 — 1854 

George  Flail  1855 — 1856 

San-.uel  S.  Powell 1857—1860 

Martin  Kalbfleisch  1861 — 1863 

Alfred  M.  Wood 1864 — 1865 

Samuel  Booth  1866 — 1867 

Martin  Kalbfleisch  1868 — 1871 

Samuel  S.  Powell 1872 — 1873 

John  W.  Hunter 1874 — 1875 

Frederick  A.  Schroeder 1876 — 1877 

James  Howell  1878 — 1881 

Seth  Low  1882—1885 

Daniel  D.  Whitney  1886 — 1887 

Alfred  C.  Chapin 1888 — 1891 

David  A.  Boody 1892 — 1893 

Charles  A.  Schieren 1894 — 1895 

Frederick  W.  Wurster 1896 — 1897 


MAYORS  OF  LONG  ISLAND  CITY. 


Mayors.  Terms. 

Abram  D.  Ditmars 1870 — 1872 

Henry  S.  De‘ Bevoise 1872 — 1875 

Abram  D.  Ditmars  (resigned) 1875 

John  Quinn  1876 

Henry  S.  De  Bevoise 1876 — 1883 

George  Petry  ' 1883 — 1886 

Patrick  J.  Gleason 1887 — 1892 

Horatio  S.  Sanford 1893 — 1895 

Patrick  J.  Gleason 1896 — 1897 


MEMBERS  OF  THE  GREATER  NEW  YORK  CHARTER  COMMISSION 


THE  PATRONAGE  OF  THE  MAYOR 


I 

CHAMBERLAIN,  $12,000, 

X Deputies, 

X Clerks, 

X Assistants. 

I 

CORPORATION  COUNSEL,  $15,000. 

X Assistants, 

X Clerks, 

X Subordinates. 

I 

4  POLICE  COMMISSIONERS,  $5,000, 

1  Chief  of  Police, 

5  Deputy  Chiefs, 

10  Inspectors. 

127  Captains, 

608  Sergeants, 

608  Roundsmen, 

X Detective  Sergeants, 

254  Doormen, 

40  Surgeons, 

6,382  Patrolmen, 

1 Superintendent  of  Elections,  $6,000, 

X Officers,  clerks  and  assistants, 

1 Chief  of  Bronx  Bureau  of  Elections, 
$1,500, 

X Clerks,  officers  and  assistants, 

1 Chief  of  Brooklyn  Bureau  of  Elections, 
$4,000, 

X Clerks,  officers  and  assistants, 

1 Chief  of  Richmond  Bureau  of  Elections, 
$1,500, 

X Clerks,  Officers  and  Assistants, 

1 Chief  of  Queens  Bureau  of  Elections, 
$1,500, 

X Clerks,  officers  and  assistants. 


DEPARTMEm'  OF  PARKS. 

1 COMMISSIONER  FOR  MANHATTAN  AND 
RICHMOND,  $5,000, 

1 COMMISSIONER  FOR  BRONX,  $5,000, 

1 COMMISSIONER  FOR  BROOKLYN  AND 
QUEENS,  $5,000, 

1 Secretary, 

/ Landscape  Architect, 

X Clerks,  employes,  etc.,  in  Manhattan, 

X Clerks,  employes,  etc.,  in  Bronx, 

X Clerks,  employes,  etc.,  in  Brooklyn, 

X Clerks,  employes,  etc.,  in  Queens, 

X Clerks,  employes,  etc.,  in  Richmond, 

6  ART  COMMISSIONERS  (no  salary). 

I 

FIRE  COMMISSIONER,  $7,500. 

1 Deputy  in  Brooklyn, 

1 Chief  of  Department,  $5,000--$8,000, 
X Deputy  Chiefs  of  Departments,  $3,500— 
$4,000, 

1 Inspector  of  Combustibles,  $3,000, 

1 Fire  marshal  in  Manhattan,  $3,000, 

1 Fire  marshal  in  Bronx,  $3,  000, 

1 Fire  marshal  in  Richmond,  $3,000, 

1 Fire  marshal  in  Brooklyn  and  Queens, 
$3,000 

X Assistants  and  Firemen, 

X Battalion  chiefs,  $2,700— $3,500, 

X Captains,  $1 ,800— $2,500, 

X Lieutenants,  $1 ,500--$! ,800, 

X Engineers,  $!,300—$1,600. 

r ^ 

1 COMMISSIONER  OF  JURORS  FOR  MANHAT- 
TAN AND  BRONX. 


2  COMMISSIONERS  OF  ACCOUNTS,  $5,000. 

i 

X SEALERS  OF  WEIGHTS  AND  MEASURES. 

I 

M INSPECTORS  OFWEIGHTSAND  MEASURES. 


m; 

I 

I 

BOARD  OF  PUBLIC  IMPROVEMENTS. 

PRESIDENT  OF  THE  BOARD,  $8,000, 

1 Secretary, 

X Clerks. 

COMMISSIONER  OF  WATER  SUPPLY,  $7,500. 

1 Deputy  in  Manhattan, 

X Clerks  and  subordinates, 

1 Deputy  in  Bronx, 

X Clerks  and  subordinates, 

1 Deputy  in  Brooklyn, 

X Clerks  and  subordinates, 

1 Deputy  in  Queens, 

X Clerks  and  subordinates. 

1 Deputy  in  Richmond, 

X Clerks  and  subordinates, 

1 Chief  Engineer, 

X Assistant  Engineers, 

1 Consulting  Engineer. 

COMMISSIONER  OF  HIGHWAYS,  $7,500. 

1 Deputy  in  Manhattan, 

X Clerks  and  subordinates, 

1 Deputy  in  Bronx, 

X Clerks  and  subordinates, 

1 Deputy  in  Brooklyn, 

X Clerks  and  subordinates, , 

1 Deputy  in  Queens, 

X Clerks  and  subordinates, 

! Deputy  in  Richmond, 

X Clerks  and  subordinates, 

I Chief  Engineer, 

X Assistant  Engineers, 

1 Consulting  Engineer. 

COMMISSIONER  STREET  CLEANING,  $7,500, 
1 Deputy  in  Manhattan, 

1 Chief  Clerk, 

X Clerks  and  subordinates, 

1 Deputy  in  Bronx, 

X Clerks  and  subordinates, 

1 Deputy  in  Brooklyn, 

X'  Clerks  and  subordinates, 

1 Deputy  in  Queens, 

X Clerks  and  subordioates, 

1 Deputy  in  Richmond, 

X Clerks  and  subordinates, 

3  Medical  Examiners, 

1 Genera!  Superintendent,  $3,000, 

1 Assistant  Superintendent,  $2,500, 

1 Superintendent  of  Stables,  $2,000, 

1 Superintendent  of  Final  Disposition, 

$2,000, 

1 Assistant  Sup't  of  Final  Disposition, 
$1,500, 

21  District  Superintendents,  $1 ,800, 

8 Time  Collectors,  $1,200, 

125  Section  Foremen,  $1 ,000, 

43  Dump  Inspectors,  $1,000, 

43  Assistant  Dump  Inspectors,  $900, 

25  Scow  Inspectors,  $1 ,000, 

3,100  Sweepers,  $720, 

43  Dump  Boardmen,  $720, 

1 ,600  Drivers,  $720, 

21  Stable  Foremen,  $1 ,200, 

21  Assistant  Stable  Foremen,  $900, 

146  Hostlers,  $720, 

1 Master  Mechanic,  $1,800, 

X Helpers. 

COMMISSIONER  OF  SEWERS,  $7,500. 

1 Deputy  in  Manhattan, 

X Clerks  and  subordinates, 

1 Deputy  in  Bronx, 

X Clerks  and  subordinates, 

1 Deputy  in  Brooklyn, 

X Clerks  and  subordinates, 

1 Deputy  in  Queens, 

X Clerks  and  subordinates, 

1 Deputy  in  Richmond, 

X Clerks  and  subordinates, 

1 Chief  Engineer, 

X Assistant  Engineers, 

/ Consulting  Engineer, 


i 

Board  of  Public  Improvements  (Concl’d). 
COMMISSIONER  OF  PUBLIC  BUILDINGS, 
LIGHTING  AND  SUPPLIES,  $7,500, 

1 Deputy  in  Manhattan, 

X Clerks  and  subordinates, 

1 Deputy  in  Bronx, 

X Clerks  and  subordinates, 

1 Deputy  in  Brooklyn, 

X Clerks  and  subordinates, 

1 Deputy  in  Queens, 

X Clerks  and  subordinates, 

/ Deputy  in  Richmond, 

X Clerks  and  subordinates, 

1 Chief  Engineer 

X Assistant  Engineers, 

1 Consulting  Engineer. 

IcGMMISSIONER  OF  BRIDGES,  $7,500, 

1 Deputy  in  Manhattan, 

X Clerks  and  subordinates, 

1 Deputy  in  Bronx, 

X Clerks  and  subordinates, 

1 Deputy  in  Brooklyn, 

X Clerks  and  subordinates, 

1 Deputy  in  Queens, 

X Clerks  and  subordinates, 

1 Deputy  in  Richmond, 

X Clerks  and  subordinates, 

1 Chief  Engineer, 

X Assistant  Engineers, 

1 Consulting  Engineer, 

1 Chief  Engineer  and  Superintendent  of  the 
East  River  Bridge,  $8,000, 

1 Assistant  Engineer  of  Bridge,  $6,000, 

39  Collectors  at  bridge, 

40  Gatemen  at  bridge, 

1 29  Conductors  on  bridge  trains, 

X Mechanics,  electricians,  etc.,  in  bridge 
shops  and  power  house. 


MUNICIPAL  COURT. 

1 JUSTICE  IN  4TH  BROOKLYN  DIST.,  $6,000, 
1 1 Clerk,  $3,000, 

j 1 Assistant  clerk,  $3,000, 

\ 2 Officers,  $1 ,000, 

I 1 Stenographer,  $2,000. 

\ 1 JUSTICE  IN  5TH  BROOKLYN  DIST.,  $6,000 
1 Clerk,  $3,000, 

1 Assistant  clerk,  $3,000, 

2 Officers,  $1 ,000, 

1 Stenographer,  $2,000. 

1 JUSTICE  IN  1ST  QUEENS  DIST.,  $5,000 
1 Clerk,  $2,000;  2 Officers,  $1,000; 

1 Stenographer,  $2,000. 

1 JUSTICE  IN  2D  QUEENS  DIST.,  $5,000, 

1 Clerk,  $2,000;  2 Officers,  $1,000; 

! Stenographer,  $2,000. 

1 JUSTICE  IN  3RD  QUEENS  DIST.,  $5,000, 
1 Clerk,  $2,000;  2 Officers,  $1,000; 

1 Stenographer,  $2,000. 

1 JUSTICE  IN  1ST  RICHMOND  DIST.,  $5,000, 
1 Clerk,  $2,000;  2 Officers,  $1,000; 

1 Stenographer,  $2,000. 

1 JUSTICE  IN  2D  RICHMOND  DIST.,  $5,000 
1 Clerk,  $2,000;  2 Officers,  $1,000; 

! Stenographer,  $2,000. 

‘ 

'5  CIVIL  SERVICE  COMMISSIONERS. 

I 1 Secretary, 

X Examiners  and  Subordinates, 

DEPARTMENT  OF^  TAXES  AND  AS- 
SESSMENT. 

/ PRESIDENT  OF  THE  BOARD,  $8,000, 

4  COMMISSIONERS  OF  TAXES  AND  ASSESS- 
MENT, $6,000. 

40  Deputy  Commissioners,  $2,700, 

X Employes  in  main  office, 

X Employes  in  Brooklyn, 

X Employes  in  Queens, 

X Employes  in  Richmond,  • 

X Employes  in  Bronx, 

1 Chief  Surveyor, 

X Assistant  surveyors. 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


1.57 


M;  a.  Y O R— (CONC1.UDEI)). 


I 

BOARD  OF  CITY  MAGISTRATES  IN 
FIRST  DISTRICT 

(Manhattan  and  Bronx.) 

12  MAGISTRATES,  $6,000. 

1  Secretary  to  the  Board, 

6  Police  Clerks,  $2,500, 

X Assistant  Police  Clerks, 

X Interpreters,  1 for  each  court, 

X Stenographers,  1 for  each  court, 

X Attendants,  2 for  each  court. 


BOARD  OF  CITY  MAGISTRATES  IN 
SECOND  DISTRICT, 

(Brooklyn,  Queens  and  Kichmond.) 

7  MAGISTRATES  IN  BROOKLYN,  $6,000, 

3 MAGISTRATES  IN  QUEENS,  $5,000. 

2  MAGISTRATES  IN  RICHMOND,  $5,000. 

I Secretary  to  the  Board, 

II  Police  Clerks,  $2,500, 

X Assistant  Police  Clerks, 

X Interpreters,  1 for  each  court, 

X Stenographers,  1 for  each  court, 

X Attendants,  2 for  each  court. 


5 JUSTICES  OF  THE  COURT  OF  SPECIAL 
SESSIONS  IN  FIRST  DIVISION,  $6,000. 
(First  division  includes  Manhattan  and  Bronx.) 
1 Clerk,  $4,000, 

1 Deputy  Clerk, 

1 Stenographer, 

1 Interpreter, 

X Officers  and  Attendants. 


6 JUSTICES  OF  THE  COURT  OF  SPECIAL  SES- 
SIONS IN  THE  SECOND  DIVISION,  $6,000. 
(Second  division  includes  Brooklyn,  Queens 
and  Eichmond.) 

1 Clerk  for  Brooklyn,  $3,000, 

1 Deputy  Clerk, 

1 Stenographer, 

1 Interpreter, 

X Officers  and  Attendants, 

1 Clerk  for.  Queens,  $2,000, 

1 Stenographer, 

1 Interpreter, 

X Officers  and  Attendants, 

1 Clerk  for  Richmond,  $2,000, 

1 Stenographer, 

1 Interpreter, 

X Officers  and  Attendants. 

\ * 

DEPARTHENT  OF  PUBLIC  CHARITIES 
1 COMMISSIONER  IN  MANHATTAN  ANd\ 
BRONX,  $7,500, 

1 Deputy, 

X Subordinates  and  assistants, 

1 COMMISSIONER  IN  BROOKLYN  AND 
QUEENS,  $7,500, 

1 Deputy, 

X Subordinates  and  assistants, 

1 COMMISSIONER  IN  RICHMOND,  $2,500, 
X Subordinates  and  assistants. 

The  board  as  a whole  appoints: 

1 Secretary, 

X Subordinates  and  assistants. 


COMMISSIONER  OF  CORRECTIONS,  $7,500. 
1 Deputy  in  Brooklyn, 

X Deputies, 

X Assistant  Deputies, 

X Superintendents 
X Wardens, 

X Subordinates, 

BUREAU  OF  MUNICIPAL  STATISTICS. 
6 COMMISSIONERS  OF  STATISTICS. 

1 CHIEF  OF  BUREAU,  $3,500. 

X Assistants. 


I 

DEPARTMENT  OF  EDUCATION. 

21  MEMBERS  OF  SCHOOL  BOARD  FOR  MAN- 
HATTAN AND  BRONX. 

1 1 Delegates  to  General  Board  of  Education 
1 Secretary, 

X Clerks  and  subordinates, 

X Inspectors, 

1 Borough  Superintendent  of  Schools, 
Nominates  x Attendance  Officers 
to  School  Board, 

12  Associate  Superintendents, 

X Principals, Branch  Principals,  Supervisors 
Heads  of  Department  and  Teachers  on 
nomination  of  board  of  borough  superin- 
tendents. 

45  MEMBERS  OF  SCHOOL  BOARD  FOR 
BROOKLYN, 

6 Delegates  to  General  Board  of  Education, 
1 Secretary, 

X Clerks  and  subordinates, 

X Inspectors, 

1 Borough  Superintendent  of  Schools, 
Nominates  x Attendance  Officers 
to  School  Board, 

8  Associate  Superintendents, 

X Principals, Branch  Principals, Supervisors 
Heads  of  Department  and  Teachers  on 
nomination  of  board  of  borough  superin- 
tendents, 

9  MEMBERS  OF  SCHOOL  BOARD  FOR  RICH- 
MOND. 

1 Delegate  to  Genera!  Board  of  Education, 
1 Secretary, 

X Clerks  and  subordinates, 

X Inspectors, 

1 Borough  Superintendent  of  Schools, 

Nominates  x Attendance  Officers 
to  School  Board, 

2 Associate  Superintendents, 

X Principals,  Branch  Principals,  Supervi- 
sors, Heads  of  Department  and  Teachers 
on  nomination  of  board  of  borough  super- 
intendents, 

9 MEMBERS  OF  SCHOOL  BOARD  FOR  QUEENS, 

1 Delegate  to  General  Board  of  Education, 

1 Secretary, 

X Clerks  and  subordinates, 

X Inspectors, 

1 Borough  Superintendent  of  Schools, 

Nominates  X Attendance  Officers 
to  School  Board, 

2 Associate  Superintendents, 

X Principals,  Branch  Principals,  Supervi- 
sors, Heads  of  Department  and  Teachers 
on  nomination  of  board  of  borough  su- 
perintenden  ts. 

The  General  Board  of  Edircation,  composed 

of  19  delegates  elected  as  above,  elects: 

1 Secretary, 

1 Chief  Clerk, 

X Clerks,  officers  and  subordinates, 

1 Superintendent  of  School  Buildings, 

1 Deputy  in  Manhattan, 

1 Deputy  in  Bronx, 

1 Deputy  in  Brooklyn, 

1 Deputy  in  Queens, 

1 Deputy  in  Hichmond, 

Nominates  all  Janitors  in  each 
borough, 

1 Superintendent  of  School  Supplies, 

X Deputies  and  subordinates, 

I City  Superintendent  of  Schools, 

X Clerks, 

Nominat?s  4 members  of  the 
board  of  examiners, 

X Auditors. 


38  MARSHALS  IN  MANHATTAN  AND  BRONX. 


I 

15  MARSHALS  IN  BROOKLYN. 

I ” 

6 MARSHALS  IN  QUEENS. 

1 ^ 

4 MARSHALS  IN  RICHMOND. 


\ > 

j DEPARTMENT  OF  BUILDINGS. 

/ COMMISSIONER  IN  MANHATTAN  AND 
BRONX,  $7,000, 

X Superintendents, 

X Inspectors, 

X Engineers, 

X Clerks, 

X Messengers, 

X Assistants  and  subordinates. 

1 COMMISSIONER  IN  BROOKLYN,  $7,000, 

IX  Superintendents, 

X Inspectors, 

X Engineers, 

X Clerks, 

X Messengers, 

X Assistants  and  subordinates. 

1 COMMISSIONER  IN  QUEENS  AND  RICH- 
MOND, $3,500, 

X Superintendents, 

X Inspectors, 

X Engineers. 

X Clerks, 

IX  Messengers, 

X Assistants  and  subordinates 
The  board  as  a whole  appoints: 

1 Secretary, 

X Subordinates  and  clerks. 

3 HEALTH  COMMISSIONERS,  $6,000. 

(The  president  of  the  board  receives  87,500.) 
I 1 Secretary,  $5,000, 

I 1 Chief  Clerk,  $3,000, 

I . 40  Sanitary  Inspectors  (laymen}, 

30  Sanitary  Inspectors  (physicians), 
v Sanitary  Engineers, 

1 Sanitary  Superintendent,  $6,000, 

1 Registrar  of  Records,  $4,000, 

1 Assistant  Sanitary  Superintendent  in 
Manhattan,  $3,500, 

1 Assistant  Registrar  of  Records,  $3,000, 

1 Assistant  Chief  Clerk, 

IX  Clerks  and  subordinates, 

1 Assistant  Sanitary  Superintendent  in 
Bronx,  $3,500, 

1 Assistant  Registrar  of  Records,  $3,000, 

1 Assistant  Chief  Clerk, 

X Clerks  and  subordinates, 

II  Assistant  Sanitary  Superintendent  in 
Brooklyn,  $3,500, 

1 Assistant  Registrar  of  Records,  J$3,000, 

1 Assistant  Chief  Clerk, 

X Clerks  and  Subordinates, 

1 Assistant  Sanitary  Superintendent  in 
Queens,  $3,500, 

1 Assistant  Registrar  of  Records,  $3,000, 

1 Assistant  Chief  Clerk, 

X Clerks  and  subordinates, 

1 Assistant  $anitary  Superintendent  in 
Richmond,  $3,500, 

1 Assistant  Registrar  of  Records,  $3,000, 

1 Assistant  Chief  Clerk, 

X Clerks  and  subordinates. 


3  COMMISSIONERS  OF  DOCKS,  $5,000. 

(The  president  of  the  board  receives  86,000). 
1 Secretary, 

X Officers,  clerks,  assistants  and  agents 


EXPLANATION: 

THIS  TYPE  INDICATES  APPOINTEES  OF 
THE  MAYOR. 

This  type  indicates  appointees  of  the 
Mayor’s  appointees. 

This  type  indicates  appointees  of  the 
appointees  of  the  Mayor’s  appointees. 

The  letter  x indicates  an  uncertain  or  un* 
defined  number. 


Review  of  the  Charter 


Lecture  by  the  Hon,  William  C.  De  Witt. 


The  Hon.  William  C.  De  Wilt,  chairman  of 
the  committee  that  drafted  the  charter  of  the 
Greater  New  York,  lectured  on  the  charter  in 
Historical  Hall,  on  Thursday  evening.  May  20, 
1897.  He  spoke  as  follows: 

In  designing  a governmental  system  for  a 
city  of  3,000,000  people,  the  constitution  of  the 
United  States  naturally  occupied  a conspicu- 
cus  place  among  the  models  to  be  consulted. 
The  rare  combination  of  powers  grouped  in 
one  republic,  the  exquisite  welding  of  states 
sovereign  over  their  domestic  affairs,  and,  in 
turn,  made  up  of  towns,  villager,  cities  and 
counties,  each  enjoying  an  adequate  measure 
of  home  rule,  into  an  indissoluble  union  under 
a supreme  federal  authority,  have  rendered 
the  constitution  of  our  country  the  most  per- 
fect fabric  of  civil  society  the  world  has  yet 
seen.  No  higher  tribute  to  the  organic  prin- 
ciple upon  which  it  was  constructed  could  be 
had  than  that  which  is  presented  in  the  mod- 
ern politics  of  England,  where,  under  the  doc- 
trine of  home  rule,  it  is  proposed  to  assimilate 
the  British  Empire  to  our  Federal  Union.  It 
Is  a principle  enforced  by  all  experienced. 
The  map  of  Europe  is  now  as  wariegated  as 
the  face  of  a checker-board,  with  different 
kingdoms  and  countries,  although  in  the 
fourth  century  Europe  was  wholly  under  one 
dominion,  and  we  thus  know  from  history 
that  progresio  has  everywhere  exacted  at  the 
hands  of  imperialism  a division  of  domain 
and  a distribution  of  power.  Undivided  and 
unbalanced  centralism  is  incompatible  with 
civilization. 

The  advent  and  grow'th  of  municipalities 
mark  the  intellectual  progress  of  England, 
and  her  statesmen  may  well  boast  of  the  fact 
that  if  parliament  were  diss.olved  and  the  king 
driven  into  exile  there  would  still  remain  in 
the  municipalities — the  towns,  villages,  cities 
and  counties  of  the  realm — sufficient  power 
to  protect  the  lives,  property  and  prosperity 
of  the  English  people.  The  same  sentiment 
characterized  the  New  England  of  the  Pil- 
grims in  their  devotion  even  to  the  school 
district  as  a cradle  of  liberty.  Any  govern- 
mental system,  therefore,  to  be  agreeable  to 
the  genius  of  our  institutions,  should  yield 
to  each  distinctive  community  an  appropriate 
measure  of  home  rule,  while  consolidating  it 
Into  a common  association,  however  large, 
whether  imperial  or  Republican.  This  or- 
ganic principle  by  which  large  states  are 
made  up  of  small  states — imperium  in  imperio 
— wheels  within  a W'heel,  sustaining  and  not 
conflicting;  a galaxy,  not  a solid;  each  orb 
moving  in  its  sphere,  yet  all  revolving  around 
a central  sun — is  quite  as  appropriate  to  the 
organization  of  great  cities  and  is  just  as  in- 
dispensable to  a proper  distribution  of  their 
municipal  powers  as  it  is  to  states.  It  is  not 
an  appurtenant  to  land.  It  is  an  attribute  to 
liberty.  It  was  not  made  applicable  to  any 
city,  by  the  master  builders  of  our  republic, 
because  there  was  no  great  city  in  the  coun- 


try when  the  constitution  w'as  formed.  While 
the  authors  of  the  constitution  took  their  in- 
spiration from  the  system  of  states  then  ex- 
isting and  the  spirit  of  community  indepen- 
dence which  had  been  the  mainspring  of  the 
Revolution,  they  knew  quite  well  that  these 
things  had  their  origin  in  a race  which  had 
fewer  acres  than  great  men.  Jfrom  the  Am- 
phictyonic  league,  which  was  a league  of 
states,  to  the  Achaen  league,  which  was  a 
league  of  cities,  the  federative  principle  gov- 
erned and  characterized  the  political  phil- 
osophy and  institutions  of  the  Greeks.  And 
it  is  easy  to  discern,  especially  from  the 
papers  of  Madison,  that  the  American  system 
remotely  took  its  rise  on  those  classic  heights. 

Divisions  of  London  and  Paris. 

Beside  the  theory  of  aggregation  rather 
than  unification  has  been  enforced  in  the  ac- 
tual development  of  the  present  great  cities 
of  the  world.  “As  modified  by  the  act  of  1855, 
the  government  of  London,  within  what  is 
known  as  the  metropolitan  area,  consisted  of 
the  city  corporation,  the  metropolitan  board 
of  works  and  thirty-eight  vestriets  and  dis- 
trict boards."  Paris  is  divided  into  twenty 
arrondissements,  with  four  subdivisions.  Each 
of  these  arrondissements  has  a mayor  and  has 
local  rights  and  powers  for  local  purposes. 
New  York  has  already  found  it  needful  to  give 
the  trans-Harlem  a separate  administration 
of  public  works.  At  one  time  the  hor.ses  en- 
gaged in  istreet  cleaning  were  .stabled  so  far 
away  from  some  parts  of  the  city  that  it  took 
them  at  times  half  a day  to  go  and  come  from 
the  locality  where  they  were  needed  for  the 
work  in  hand. 

It  would  be  to  fly  in  the  face  of  all  experi- 
ence to  attempt  to  unify  all  the  municipalities 
which  are  to  constitute  Greater  New  York 
under  an  imperial  system,  having  no  regard 
for  the  autonomy,  the  rights  or  the  local  in- 
terests of  the  various  communities.  It  would 
be  to  adopt  the  systems  of  Asia  and  to  return 
to  the  dark  ages. 

In  1881  I drafted  a plan  for  the  consolida- 
tion of  the  municipalities  lying  about  the  har- 
bor of  >Jew  York  within  the  boundaries  of 
this  state,  on  what  is  now  known  as  the  bor- 
ough system,  and  I have  advocated  it  strenu- 
ously ever  eince.  It  was  enforced  upon  me 
by  the  principles  and  examples  I have  crudely 
stated,  and  it  has  been  a great  satisfaction 
to  have  it  approved  by  all  who  have  given 
careful  study  to  the  subject. 

It  is  interesting  to  note  that  the  present 
movement  for  the  municipal  reform  and  uni- 
fication of  London  arcee  from  an  effort ' in 
Parliament  to  reorganize  the  towns  of  Eng- 
land, it  being  by  common  consent  anfong  the 
statesmen  of  the  country  assumed  that  these 
minor  divisions  are  to  be  recognized  in  sub- 
stance as  well  in  the  urban  as  in  the  rural 
sections  of  the  realm. 

In  the  report  of  the  royal  commission  of 


1894,  appointed  “to  recommenfi  a scheme  fpr 
the  complete  municipal  unity  of  the  metrop- 
olis,” eto.,  we  find  the  following  trenchant 
statements: 

“A  consideration  of  the  evidence  w'e  have 
received  confirms  the  opinion  suggested  by 
the  course  of  previous  inquiries  and  in  legis- 
lation, or,  in  other  words,  of  the  bistorlo  de- 
velopment of  the  metropolis,  that  the  gov- 
ernment of  London  must  be  intrusted  to  on© 
body  exercising  certain  functions  throughout 
all  the  areas  covered  by  the  name,  and  to 
a number  of  local  bodies  exercising  certain 
other  functions  within  the  local  areas  which 
collectively  make  up  London.”  * « * “We 
are  in  all  cases  dealing  with  areas  which 
possess  the  characteristics  of  town  life,  and 
the  organization  of  their  joint  and  several 
governments  should  be  settled  accordingly. 
London,  we  repeat,  is  one  large  town,  which 
for  convenience  of  administration  as  well  as 
from  local  diversities,  comprises  within  itself 
several  smaller  towns,  and  the  application  of 
the  principles,  and  still  more  of  the  machinr 
ery  of  the  municipal  government  to  these 
several  areas  must  be  limited  by  conditions 
arising  from  this  fact.” 

Necessity  for  a Central  Governing  Body. 

Again,  “It  has  grown  into  so  general  an  ac- 
ceptance that  all  the  witnesses  before  us,  we 
believe,  without  exception,  concur  in  recogniz- 
ing the  necessity  fop  the  existence  of  a central 
body  exercising  functions  common  to  London 
as  a whole,  and  of  local  bodies  exercising 
functions  restricted  to  their  localities.  Many 
witnesses  have  urged  the  propriety  of  estab- 
lishing some  personal  connection  between  the 
local  governing  bodies  and  the  central  author- 
ity of  the  metropolis,  and  we  concur  in  thinkr 
ing  this  desirable,  but  we  believe  it  could  be 
best  secured  by  making,  where  the  areas  are 
conterminous,  the  members  of  the  central 
board  elected  for  any  district  ex-officio  mem- 
bers of  the  local  governing  body  of  the  dis- 
trict. 

“We  believe  the  same  friendly  reception 
would  be  generally  experienced,  and  the  re- 
organization of  the  old  city  affords  an  oppor- 
tunity of  introducing  an  element  which  would 
bring  the  corporation  of  the  whole  city  into 
touch  with  the  councils  of  its  component 
parts.” 

It  may  be  assumed  from  the  article  by  the 
lord  mayor  of  London,  published  in  the  North 
American  Review  for  October,  1884,  that  there 
is  a common  concurrence  of  the  leading  minds 
of  England  on  this  plan  of  consolidation — 
notably  of  Lord  Rosebery  and  Sir  William 
Karcourt,  consolidationists,  on  the  one  hand, 
and  of  Lord  Salisbury,  Mr.  Chamberlain,  Mr. 
Arthur  James  Balfour  and  Professor  Goldwln 
Smith,  “following  men  like  Sir  George  Corn- 
wall Lewis,  Sir  George'  Grey  and  Mr.  John 
Stuart  Mill  on  the  other  hand.” 

The  principle  thus  presented  ought  to  be 
familiar  to  every  Aenerican  citizen.  It  is  none 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


l.o9 


other  than  that  doctrine  of  community  rights 
lying  at  the  source  of  American  institutions 
and  evinced  in  all  its  manifold  forms — towns, 
villages,  cities,  counties — from  the  old  school 
disricts  of  New  England  to  the  states  united 
under  the  federal  constitution.  It  is  that  fun- 
damental axiom  which  teaches  us  in  all  forms 
of  government,  while  effectuating  central  and 
supreme  power  and  general  unity,  to  preserve 
and  develop  the  humbler,  but  not  less  sacred, 
rights  of  man  in  his  closer  and  more  familiar 
relations.  ^ 

Boroughs  of  Nature’s  Own  Forming. 

Proceeding  upon  the  principle  thus  outlined 
and  exemplified,  the  Greater  New  York  char- 
ter divides  tfce  city  into  the  five  boroughs 
which  nature  and  history  had  already  formed; 
that  is  to  say: 

(1)  Manhattan,  consisting  of  the  island  of 
Manhattan  and  the  outlying  islands  naturally 
related  to  it. 

(2)  The  Bronx,  that  is  to  say,  all  that  part 
of  the  present  city  of  New  York  lying  north 
of  the  Harlem,  a territory  which  comprises 
two-thirds  of  the  area  of  the  present  city  of 
New  York. 

(3)  Brooklyn. 

(4)  Queens,  consisting  of  that  portion  of 
Queens  county  to  be  incorporated  into  the 
Greater  New  York. 

(5)  Richmond,  that  is,  Staten  Island. 

Power  is  given  to  the  municipal  assembly 

to  subdivide  these  boroughs  still  further,  in 
case  of  need.  But  Greater  New  York  will  start 
with  these  five  grand  divisions. 

The  need  and  the  propriety  of  these  divi- 
sionis  for  administrative  work  will  not  be 
gainsaid  by  any  enlightened  man.  We  have 
in  Mr.  Joseph  Chamberlain  the  highest  au- 
thority for  the  statement  that  a population 
of  one-half  a million  is  practically  the  largest 
number  that  oan  be  governed  administratively 
from  one  center  with  the  individual  attention 
and  constant  assiduity  that  have  contributed 
so  much  to  the  usefulnesis  and  popularity  of 
corporation  work.’  It  needs  only  common 
knowledge  and  perception  to  understand  that 
all  the  administrative  business  of  Greater  New 
York  could  not  be  transacted  from  one  city 
hall,  with  any  regard  for  the  convenience  of 
the  people  or  for  the  expedition  of  public  bus- 
iness. The  striking  progre<3s  in  the  efforts 
of  government  to  bring  its  service  nearer  to 
the  homes  of  the  people  required  like  effort 
on  the  part  of  the  charter  makers.  To  ask 
the  residents  of  Jamaica,  Flatbush  and  Staten 
Island  to  transact  all  their  business  with  the 
city  at  the  New  York  city  hall  alone  wmuld  be 
no  less  ridiculous  than  to  compel  them  to 
mail  all  their  letters  in  the  New -York  post 
office.  W'e  have  a letter  box  on  every  corner, 
and  nobody  has  suggested  that  this  distribu- 
tive syetem  has  tended  to  the  disintegration 
of  the  pestal  department.  I remember  that 
while  riding  along  the  borders  of  a British 
lake,  upon  coming  to  a point  where  the  water 
had  flooded  and  excavated  the  roadv/ay  so  as 
to  cause  much  inconvenience  to  the  coach,  I 
said  to  the  driver:  “Why  do  you  not  have  that 
repaired?’’  He  replied,  “We  have  been  trying 
to  do  it  for  fifteen  years.”  I said  I thought  it 
might  be  done  in  fifteen  hours,  at  which  he 
exclaimed  “Great  heavens,  man,  we  have  to 
get  an  act  of  parliament.”  As  the  city  grows 
in  population  how  doubly  absurd  it  would  be, 
for  example,  if  all  of  the  five  millions  of  peo- 
ple seeking  local  improvements,  v/ishing  to 
pay  their  taxes;  or  to  have  their  water  pipes 
repaired,  or  desiring  any  of  the  multitudinous 
acts  or  attentions  of  the  administrative  or 
legislative  departmenta  were  obliged  to  go  to 
one  center.  In  addition  to  the  neglect  from 
which  unfavored  sections  would  suffer,  you 
would  have  in  such  a central  hody  the  ma- 


chinery and  opportunities  for  misrule,  extrav- 
agance and  corruption  frightful  to  contem- 
plate. Common  sense  dictated  the  plan  of 
aggregation  rather  than  unification  as  indis- 
pensable to  honest  and  expeditious  admlnia- 
tration. 

Rivalry  of  Boroughs  Will  Tend  Toward 
Better  Government. 

Beside,  it  is  a vulgar  error  to  assume  that 
only  material  and  pecuniary  interests  are  to 
be  considered  in  the  construction  of  a muni- 
cipality. The  civic  pride  of  the  people  and 
the  rival  of  sections  w’ill  be  potential  fac- 
tors in  the  election  of  good  officers  and  in 
the  maintenance  of  honest  rule.  Each  of  the 
five  grand  boroughs  has  an  autonomy  and 
history  of  its  own.  I speak  for  Brooklyn 
when  I say  that  her  citizens  will  linger  with 
patriotic  affection  upon  the  memories  of  her 
past,  and  will  enforce  with  unflinching  en- 
ergy the  promises  of  her  future. 

To  foster  this  spirit  of  rivalry  the  charter 
wisely  provides  that  each  of  the  boroughs 
shall  have  a president  elected  by  its  own 
people.  He  shall  sit  in  the  office  of  the  pres- 
ent mayor,  surrounded  by  the  administrative 
officers  of  the  consolidated  city.  He  will  be 
on  guard  and  on  the  lookout  for  the  inter- 
ests of  his  borough.  In  his  person  the  spirit 
of  the  old  city  will  survive,  though  blended 
Into  a grander  association. 

In  further  development  of  the  borough  sys- 
tem Greater  New  York  is  divided  into  twen- 
ty-two districts,  corresponding  to  the  exist- 
ing senatorial  districts,  in  each  of  which  will 
be  a local  board.  Nicely,  the  term  “bor- 
ough” would,  from  a literary  standpoint, 
apply  more  aptly  to  these  districts  than  to 
the  larger  divisions,  which  might  have  been 
called  departments.  But  in  a combat  for 
great  essentials  it  is  not  alw'ays  wise  to  quar- 
rel over  words.  The  local  boards  will  hold 
their  meetings  at  the  city  hall  of  the  bor- 
ough, whose  president  will  preside  over  them. 

Each  local  board  may  take  the  initiative 
in  all  local  improvements,  primary  in  char- 
acter, the  cost  of  which  is  to  be  paid  by 
assessment  on  abutting  property.  These  are 
the  opening,  grading,  paving  of  streets  and 
the  like.  As  already  suggested,  so  numer- 
ous are  these  primary  improvements,  and 
so  rapidly  do  they  accumulate  in  a vast  and 
growing  city,  that  they  could  not  be  at- 
tended to  in  Greater  New  York  from  one  cen- 
tral body  “with  the  individual  attention  and 
constant  assiduity  that  have  contributed  so 
much  to  the  usefulness  and  popularity  of  cor- 
poration work.”  Unfavored  sections,  too, 
would  be  neglected.  A property  owner  in 
one  end  of  Greater  New  York  will  be  the 
natural  competitor  against  a property  owner 
at  the  other  end,  since  he  will  desire  the 
development  and  improvement  of  his  prop- 
erty in  preference  to  that  of  his  distant  fel- 
low citizen.  Beside,  under  the  system  of 
local  bqp.rds,  the  work  is  initiated  and  con- 
ducted immediately  under  the  eyes  of  those 
who  are  to  bear  the  burden,  and  whose  self- 
interest  will  prompt  them  to  spy  out  bad  con- 
tract and  corrupt  and  unwarranted  assess- 
ments. 

Supervisory  Duty  of  Beneficial  Results. 

Again,  the  members  of  the  local  boards  are 
charged  with  the  duty  of  furthering  good  or- 
der, peace,  good  morals  and  good  government 
in  the  neighborhood  of  their  district — not  by 
vesting  them  with  any  separate  or  controlling 
power  over  these  subjects,  but  to  such  an  ex- 
tent that  they  may  aid  the  police,  the  judic- 
iary, the  officers  of  charity  or  of  the  street 
department,  by  calling  their  attention  to 
V/lfatever  requires  their  action.  This  moral  or 
supervisory  duty,  in  aid  aud  in  reminder  of 


public  officers,  has  proven  of  great  benefit  in 
foreign  cities,  where  the  system  is  carried  to 
a much  further*  extent  than  that  adopted  in 
the  charter. 

It  is  not  difficult  for  the  wealthy  or  the  in- 
fluential to  make  their  grievances  heard  and 
appreciated,  but  in  a city  of  many  millions 
the  obscure  citizen,  who  might  never  be  heard, 
either  in  the  municipal  assembly  or  at  the  ad- 
ministrative department,  can  at  least  make 
known  his  wants  or  his  wrongs  to  the  neigh- 
borhood member  of  his  local  board,  and  the 
duty  and  ambition  of  that  member  will  be 
pledged  to  help  the  lowly  and  to  advance  the 
good  government  of  his  constituents.  Should 
the  members  of  any  local  board  prove  derelict 
in  these  agencies  the  duty  and  the  dominion 
of  the  general  government  will  remain  all  the 
same,  and  hence  the  general  system  cannot 
ill  any  event  be  impaired;  but  the  action  and 
the  dominion  of  the  general  government  will 
be  greatly  aided  and  enlarged  v/here  the  mem- 
bers of  the  local  boards  are  alert  in  the  Inter- 
ests of  their  localities. 

I have  thus  described  at  the  outset  the 
division  of  domain  and  the  distribution  of 
power  incidental  to  that  division  contained 
in  the  charter.  I submit  that  it  is  in  keep- 
ing with  the  teachings  of  history  and  the 
philosophy  of  our  civilization.  The  civil 
laws  and  the  fabrics  of  government,  arising 
from  the  experience  of  mankind  follow  a 
line  of  consistent  progress,  involving  a sur- 
vival of  the  fittest  and  indicative  of  a single 
source,  just  as  plainly  as  do  the  physical  laws 
and  advancing  species  of  our  race,  and  I have 
no  doubt  that  the  system  we  have  con- 
structed in  the  light  of  experience,  although 
complex  in  design,  will  adapt  itself  to  every 
w'ant  of  the  vast  multitude  and  to  every  im- 
pulse of  the  imperial  city,  and  will,  in  prac- 
tice, operate  with  simplicity  and  harmony. 

When  consolidation  was  first  impending  our 
foremost  citizens  apprehended  that  Brooklyn 
was  on  the  verge  of  a precipice;  that  her 
autonomy  was  to  be  destroyed;  that  her  name 
and  traditions  were  to  be  lost;  that  she  was 
to  be  amalgamated  with  the  city  of  New  York 
and  governed  by  one  mayor  and  one  common 
council,  after  the  fashion  of  the  notorious 
days  in  the  history  of  our  neighboring  city. 

Broooklyn  Greater  as  a Borough  Than 
as  a City. 

The  protracted  labors  of  the  commission 
are  over  and  the  charter  has  become  a law. 
Brooklyn  will  be  greater  as  a borough  than 
she  is  as  a city.  She  will  be  the  grandest  of 
the  five  divisions  of  the  imperial  metropolis. 
Her  area  will  be  65%  square  miles.  That’  of 
Manhattan  will  be  21  square  miles.  Her  pop- 
ulation is  already  1,400,000;  that  of  yianhattan 
1,743,000. 

It  is  easy  to  foresee  the  ultimate  and  per- 
manent supremacy  of  Brooklyn. 

Brooklyn  by  the  charter  is  given  her  own 
school  moneys  and  school  system;  her  own 
park  moneys  and  a park  commissioner  with 
exclusive  administrative  jurisdiction  on  this 
side  of  the  river.  She  has  her  own  charity 
moneys  and  her  own  charity  commissioner, 
with  like  exclusive  jurisdiction.  As  I have 
already  stated,  all  the  administrative  offices 
are  seated  here,  although  the  chief  head  is 
located  in  Manhattan. 

Brooklyn  will  no  longer  bear  a dispropor- 
tionate share  of  the  taxes  collected  for  the 
education  of  the  young,  the  protection  of 
persons  or  of  property,  or  of  any  of  the  other 
objects  or  purposes  of  municipal  government, 
which  common  fairness  and  justice  require 
should  be  borne  with  absolute  equality 
throughout  the  whole  domain  of  the  metro- 
politan community,  dweliing  about  this  bar- 


160 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


bor,  however  hitherto  divided,  either  by  the 
laws  of  nature  or  the  laws  of  man. 

By  the  enforced  surrender  of  her  system  of 
collecting  annual  taxes  ra  advance,  and  the 
substitution  of  the  system  of  New  York,  which 
makes  the  collection  at  the  end  of  the  year, 
Brooklyn  escapes  all  taxes  in  1898,  and  there- 
by receives  an  ante-nuptial  present  of  $15,- 
000,000.  No  wonder  the  people  of  Brooklyn 
are  unanimous  in  support  of  the  charter, 
and  yet'  I positively  declare  and  affirm  that 
nothing  has  been  accorded  to  the  borough  of 
Brooklyn  to  which  she  is  not  absolutely  en- 
titled in  fairness  and  justice.  The  charter 
has  been  drawn  with  icnpartial  fidelity  to  the 
supremo  municipality  which  it  creates,  and  I 
challenge  any  man  to  point  out  a single  in- 
stance of  favor  or  partiality  shown  on  any 
page  toward  one  borough  in  preference  to 
another.  I desire  right  here  to  state  that  the 
substitution  of  the  system  of  collecting  as- 
sessments for  local  improvements  after  they 
are  made  for  the  Brooklyn  system,  which  pro- 
vides for  a payment  in  advance  and  absolute 
security  before  the  city  issue  a single  bond, 
was  forced  through  the  commission  by  the 
mayor  and  corporation  counsel  of  New  York 
against  my  most  earnest  and  persistent  oppo- 
sition. 

The  question  now  arises,  in  what  way  are 
these  divisions  consolidated,  and  how  are 
these  local  boards  made  one  with  the  general 
system?  The  answer  is  easy.  The  body  in- 
corporate includes  all  the  boroughs.  A com- 
mon mayor  and  common  administrative  de- 
partments govern  the  whole  city,  each  depart- 
ment having  offices  in  each  borough;  and  the 
local  boards  are  made  up  of  the  members  of 
the  municipal  assembly,  resident  in  the  dis- 
trict. 

The  new  municipality  is,  in  law,  a body 
made  up  of  many  bodies  and  in  constant  touch 
with  all  its  component  parts. 

Municipal  Independence  Assured. 

In  order  that  the  city  may  enjoy  municipal 
Independence  to  the  full  extent  attainable 
under  the  state  constitution,  the  legislative 
body  is  intrusted  with  every  legislative  pow- 
er, known  or  conceivable,  under  the  range  of 
municipal  jurisdiction. 

In  like  manner  the  mayor  and  the  adminis- 
trative departments,  the  heads  of  which  are 
appointed  by  him,  are  given  a like  unlimited 
measure  of  executive  and  administrative  pow- 
ers. To  perfect  these  grants  under  the  strict 
rule  of  construction  applicable  thereto,  the 
Charters  of  all  the  respectable  cities  of  modern 
times  were  consulted,  and,  with  checks  and 
balances  needful  to  wise  and  careful  govern- 
ment, nothing  has  been  withheld  from  the  new 
iitjr,  to  W’hich  our  allegiance  W'as  primarily 
due.  The  volume  of  powers  granted  ought  to 
relieve  the  city  from  all  need  to  have  recourse 
to  Albany  to  conduct  its  government  in  the 
future.  The  mayor  and  municipal  assembly 
represent  the  entire  corporation  and  are  su- 
preme over  all  its  branches.  Here,  then,  is 
centralization  and  community  rule  in  perfect 
accord. 

On  the  final  decision  as  to  the  formation  of 
the  legislative  body,  the  commission  was  gov- 
erned by  the  example  set  by  the  constitutional 
convention  of  1787.  The  colonial  or  confeder- 
ate congress  of  the  revolutionary  epoch  con- 
sisted of  a single  chamber.  It  had  proven  it- 
self inefficient  even  in  the  exercise  of  the  lim- 
ited powers  with  which  it  was  intrusted. 

Hamilton  characterized  a single  chamber  as 
"one  of  the  most  execrable  forms  of  govern- 
meat  that  human  infatuation  ever  contrived.” 
John  Adams  said:  "Of  all  possible  forms  of 
government,  a sovereignty  in  one  assembly, 
successively  chosen  by  the  people,  is,  perhaps. 


the  best  calculated  to  facilitate  the  gratifica- 
tion of  self  love,  and  the  pursuit  of  the  private 
Interests  of  a few  individuals.  Accordingly, 
we  find  in  all  the  Italian  republics,  the  minor- 
ity always  were  driven  to  arms  In  despair.” 
Franklin  was  equally  opposed  to  a single 
chamber.  Appeals  to  history  were  made  to 
show  that  it  had  been  employed  only  in  the 
Italian  states  where  it  had  been  an  instrument 
of  extravagance  and  disorder  as  in  France 
where  it  afterward  proved  the  ready  Instru- 
ment of  the  authors  and  actors  of  the  French 
revolution. 

It  is  not  clear  but  that  all  the  members  of 
the  convention  shared  even  in  the  violence  of 
opposition  expressed  in  these  quotations.  At 
any  rate,  no  one  can  deny  that  Judge  Story 
has  accurately  stated  the  position  in  which 
every  member  concurred  in  respect  to  the 
legislative  branch  of  the  federal  government 
under  the  constitution.  He  says:  “Under 

the  confederation  the  whole  leglelatlve  power 
of  the  Union  w'as  vested  in  a single  branch. 
Limited  as  was  that  power,  the  concentration 
of  it  in  a single  body  was  deemed  a prominent 
defect  of  the  confederation.  But,  if  a single 
assembly  could  properly  be  deemed  a fit  recep- 
tacle of  the  slender  and  fettered  authorities 
confided  to  the  federal  government  by  that  in- 
strument it  would  scarcely  be  consistent  with 
the  principles  of  good  government  to  Intrust 
it  with  the  more  enlarged  and  vigorous  pow- 
ers delegated  in  the  constitution. 

The  convention  of  1787  was  making  a gov- 
ernment for  three  millions  of  people.  The 
charter  commission  had  an  equal  number  with 
which  to  deal. 

Single  Chamber  Government  Unsatis- 
factory. 

The  single  chamber,  or  Board  of  Aldermen 
both  in  Brooklyn  and  in  New  York,  had  pro- 
ven most  unsatisfactory,  even  with  the  “slen- 
der and  fettered  authority”  confided  to  it  in 
the  past:  and  it  would  have  been  inconsistent 
and  foolhardy  to  entrust  it  with  “the  more  en- 
larged and  vigorous  powers”  delegated  by  the 
charter. 

The  commission  followed  the  example  of  a 
convention  presided  over  by  Washington,  and 
of  whose  members,  even  during  the  animcisi- 
ties  of  war.  Lord  Chatham  said:  “For  myself 
I must  declare  and  avow  that  in  all  my  read- 
ing and  observation,  and  history  has  been  my 
favorite  study  (I  have  read  Thucydides  and 
have  studied  and  admired  the  master  states- 
men of  the  world)  for  solidity  of  reasoning, 
force  of  sagacity  and  wisdom  of  conclusion, 
under  a complication  of  difficult  circum- 
stances, no  nation  or  body  of  men  can  stand 
in  preference  to  the  general  congress  at  Phila- 
delphia.” 

If,  however,  the  double  chamber  had  had  no 
such  support  in  high  authority,  it  would  still 
have  been  indispensable  from  practical  con- 
siderations. To  make  up  the  local  boards  of 
the  various  districts  it  was  necessary  Jhat  the 
legislative  body  should  consist  of  the  number 
of  members  provided  by  the  charter  for  both 
houses.  There  are  to  be  sixty  aldermen  and 
twenty-nine  councilmen,  making  in  all 
eighty-nine  members  of  the  municipal  assem- 
bly. The  highest  authority  exists  in  favor 
of  a much  larger  number  in  the  legislative 
branch  of  a city  of  such  magnitude.  With 
less  it  would  have  been  Impossible  to  rightly 
constitute  the  local  boards.  Even  as  it  is, 
Richmond  will  have  only  three  members  of 
her  local  board,  and  in  one  of  the  Bronx  dis- 
tricts there  will  be  only  two  members  of  that 
body.  Beside,  the  members  of  the  municipal 
assembly  in  each  county  are  made  the  board 
of  supervisors  for  that  county  to  discharge 
those  duties  which  are  required  by  the  con- 
stitution to  be  discharged  by  a board  of 


supervisors.  Undqr  the  prescribed  number 
the  board  of  supervisors  of  Richmond  County 
will  consist  of  only  three  members.  It  being 
thus  indispensable  that  the  members  of  the 
legislative  body  of  the  city  should  aggregate 
eighty-nine  in  number  what  possible  reason 
can  be  assigned  in  favor  of  seating  them  in 
one  chamber  instead  of  two? 

The  Double  House  Imperatively  Advis- 
able. 

On  the  other  hand,  how  clear  is  the  propo- 
sition that  if  the  number  is  to  be  necessarily 
the  same,  the  double  house  is  imperatively 
advisable.  You  get  a different  constituency 
for  each  house;  a different  form  and  method 
of  election;  a different  class  of  men;  all  the 
checks  against  hasty  and  inconsiderate  legis- 
lation; more  publicity  and  discussion  upon 
each  measure;  and  a more  dignified  body  as 
a substitute  for  the  legislature  of  the  state, 
at  no  greater  cost  and  by  no  larger  Intru- 
sion upon  the  jurisdiction  of  the  co-ordinate 
branches  of  the  government.  When,  in  addi- 
tion, it  is  considered  that  we  have  seated 
the  heads  of  the  departments  on  the  floor  of 
the  board  of  aldermen  and  the  ex-mayors  on 
the  floor  of  the  council,  it  Is  at  once  apparent 
that  the  grander  legislature  has  every  ad- 
vantage and  is  open  to  no  serious  objection. 
It  is  worthy  of  notice  that  of  all  the  critics 
of  the  bi-cameral  system  who  have  talked  or 
written  on  the  charter  each  one  of  them  ap- 
pears in  blissful  ignorance  of  these  facts, 
which  are  conclusive  on  the  subject. 

As  already  suggested,  the  committee  has 
assumed  that  the  Greater  New.  York  must 
have  a charter  which  will  give  the  city  all 
the  powers  that  are  necessary  to  conduct  its 
own  affairs.  Having  constructed  an  appro- 
priate legislative  branch,  I do  not  think  we 
can  have  failed  in  allotting  to  this  body  every 
right,  power  and  privilege  which  the  history 
of  cities  and  the  conditions  of  Greater  New 
York  suggest  as  needful  to  the  enjoyment  of 
self-government  within  appropriate  limita- 
tions. We  considered  in  this  respect  the 
constitutions  of  European  and  American  cit- 
ies, especially  those  of  Paris,  Berlin  and 
Budapest,  upon  the  continent;  of  Glasgow, 
Manchester,  Birmingham  and  London,  in 
Great  Britain,  and  those  of  St.  Louis,  Brook- 
lyn and  New  York,  in  this  country.  We  have 
conferred  upon  the  Municipal  Assembly  legis- 
lative authority  over  every  subject  known 
to  municipal  jurisdiction.  We  gathered  and 
preserved  all  the  legislative  powers  hereto- 
fore vested  in  New  York  and  Brooklyn,  and, 
in  addition,  entrusted  the  new  city  with  the 
original  powers  to  build  bridges  or  tunnels 
over  or  under  the  rivers  within  its  domain; 
construct  parks,  school  houses  and  publio 
buildings,  and  generally  to  execute  those 
higher  and  more  expensive  functions  needful 
to  meet  the  wants  arising  from  the  rapid 
growth  of  population  and  the  advancing  great- 
ness of  the  metropolis. 

We  have,  however,  respecting  the  mode  of 
exercise  of  the  powers  of  the  Municipal  As- 
sembly effected  a radical  and  far  reaching 
distinction  between  those  powers  which,  in 
a judicial  sense,  are  political,  and  those  pow- 
ers which,  in  the  same  sense,  are  proprietary 
in  character. 

Liberties  of  the  Citizen  Unrestrained. 

As  to  everything  concerning  the  rights, 
privileges  and  liberties  of  the  citizen,  the  leg- 
islative body  is  subject  to  no  restraint.  But 
In  respect  to  the  large  and  costly  range  of 
works  and  properties  comprised  in  the  general 
term  “public  improvements”  we  have  deter- 
mined that  the  initiative,  in  each  case,  shall 
be  with  the  board  of  public  improvements, 
anl  other  appropriate  departments,  and  that 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


IRl 


the  action  of  the  Municipal  Assembly  shall 
be  also  subjected  to  the  concurrence  of  the 
Commissioners  of  Estimate  and  Apportion- 
ment. When  the  multitude  and  magnitude  of 
the  public  works  and  properties  of  the  Greater 
New  York  at  present  and  in  the  future  are 
duly  considered — the  bridges  over  the  East 
River  and  the  Harlem  River,  the  Croton  and 
the  Ridgewood  water  works,  Central  Park 
and  Prospect  Park  and  the  other  parks,  boule- 
vards and  driveways,  the  number  of  streets 
and  avenues  paved  or  to  be  paved,  or  to  be 
repaired  and  repaved;  the  vast  extent  of  the 
sewer  system,  etc. — it  is  quite  obvious  that 
these  works  should  be  primarily  controlled  by 
expert  and  administrative  authority,  so  that 
they  may  be  developed  and  distributed  upon  a 
fixed  plan  yielding  the  greatest  service  to  the 
city  as  a whole,  producing  co-operative  uni- 
formity, and  should  be  deisigned  and  con- 
structed obediently  to  tbe  highest  attainable 
scientific  agencies.  For  this  reason  'we 
thought  that  in  the  institution  of  new  works 
or  properties  of  the  character  described,  or  in 
the  development  of  such  as  may  be  old,  the 
action  of  the  municipal  corporation,  on  its 
proprietary  side,  should  originate  with  the 
Board  of  Public  Improvements  or  administra- 
tive department.  From  a like  consideration 
of  the  enormous  outlay  of  money  to  be  con- 
stantly required  by  the  municipal  corporation 
in  its  capacity  as  proprietor,  we  thought  that 
the  action  of  the  Municipal  Assembly  should 
be  dependent  upon  the  concurrence  of  the 
Commissioners  ' of  Estimate  and  Apportion- 
ment, who  should  be  always  familiar  with  the 
volume  of  taxation  and  the  extent  of  the  city 
debt,  and  whose  highest  function  it  will  be  to 
guard  the  solvency  of  the  corporation  and  to 
lighten  the  burdens  -of  taxation.  These  checks 
and  safeguards  against  extravagance  and  cor- 
ruption cannot  be  overcome  in  the  interest 
of  jobbery  or  peculation  until  each  depart- 
ment has  become  venal  and  our  people  lost  to 
all  sense  of  public  honor. 

Nor  are  these  checks  in  any  degree  an 
abridgement  of  the  sovereignty  of  the  people. 
The  officers  of  the  executive  and  administra- 
tive branches  of  government  spring  no  less 
from  the  people  than  the  members  of  the  Leg- 
islature, and  it  is,  therefore,  in  principle, 
merely  a question  as  to  which  method  will  be 
most  conducive  to  economical  and  honest  gov- 
ernment, These  are  the  only  restraints  apart 
from  the  veto  power  placed  on  the  Municipal 
i Assembly.  In  short,  I am  sure  that  everyone, 
upon  reading  the  chapter  on  the  legislative 
department,  will  admit  that  consolidation  is 
thereby  effected  under  a central  government 
equipped  for  every  emergency  so  far  as  the 
future  can  be  'discerned  by  the  past  or  antici- 
pated by  diligent  study  and  forethought. 

If,  however,  more  is  needed  to  make  unifica- 
tion complete,  it  will  be  found  in  the  consid- 
eration of  the  deputed  powers  of  the  mayor 
and  of  the  administrative  departments. 

Mayor’s  Power  of  Appointment. 

The  Mayor  is  given  the  power  to  appoint 
all  the  administrative  and  executive  officers, 
excepting  the  Controller,  who  is  rendered 
elective  by  the  people  every  four  years,  so 
that  the  treasury  and  finances  may  be  con- 
stantly in  the  hands  of  an  independent  de- 
partment. The  Mayor  will  be  ex  officio  presi- 
dent of  the  Board  of  Public  Improvements. 
He  may  direct  the  police  in  the  enforcement  | 
of  the  laws,  and  in  time  of  tumult  or  riot  he 
may  demand  the  assistance  of  the  state  militia  ' 
located  within  the  city.  He  will  have  super- 
visory control  over  the  various  departments  1 
and  an  enlarged  veto  power  upon  the  acts  ■ 
of  the  Municipal  Assembly.  His  power  and 
Satronage  will  be  so  great  that  it  is  no  ex-  | 


aggeration  to  say  that  he  will  in  these  par- 
ticulars be  a dignitary  second  only  in  im- 
portance to  the  President  of  the  United 
States. 

The  Board  of  Public  Improvements  is  made 
up  of  the  Mayor,  Controller,  corporation  coun- 
sel, presidents  of  the  various  boroughs,  each 
to  have  a vote  only  on  matters  concerning  his 
borough;  and  the  respective  heads  of  tbe  de- 
partments of  water  supply,  of  highways,  of 
street  cleaning,  of  sewers  and  of  public  build- 
ing, lighting  and  supplies.  In  this  body  all 
the  large  public  works  to  be  conducted  by  the 
various  departments  mentioned  must  orig- 
inate. 

I have  no  time  to  speak  in  detail  of  the  va- 
rious departments;  of  department  of  finance, 
upon  which  we  spent  so  many  days  of  investii 
gation  and  of  labor,  assisted  by  the  most  ex- 
pert financiers  the  chapter  upon  which,  when 
completed,  met  with  the  hearty  commendation 
of  the  efficient  gentleman  who  is  now  the  con- 
troller of  the  City  of  New  York;  of  the  law  de- 
partment, in  the  construction  of  which  we 
abolished  all  the  special  attorneyships  exist- 
ing in  the  several  administrative  departments 
of  the  various  municipalities  and  intrusted  the 
entire  law  business  of  the  city  to  the  sole  care 
of  the  corporation  counsel,  who  is  given  pow- 
er, subject  to  the  limitation,  arising  from  the 
amount  annually  appropriated  lor  the  purpose 
by  the  Board  of  Estimate  and  Apportionment, 
to  appoint  as  many  assistant  corporation  coun- 
sels or  attorneys  as  may  be  necessary  to  at- 
tend to  all  the  law  business  of  the  city,  or  any 
of  its  officers;  of  the  department  of  charities, 
with  all  its  great  and  sacred  trusts,  wherein 
we  have  brought  the  city  into  co-operation 
with  the  State  Board  of  Charities,  conforma- 
bly to  the  new  provisions  of  the  constitution 
of  1894,  in  the  composition  of  which  we  had 
the  efficient  aid  from  the  public  discussions 
before  us  and  from  private  communications 
from  the  leading  philanthropists  of  the  state, 
and  the  foremost  members  of  the  New  York 
bar — Mr.  Choate,  Mr.  Gerry  and  Mr.  Bliss; 
of  the  department  of  parks,  where  all  the 
parks,  great  and  small,  plazas  and  public 
places  with  their  adjunctive  boulevards  and 
driveways,  are  placed  under  one  symmetrical 
system  under  the  control  of  expert  architects, 
in  which  we  had  much  assistance  from  men 
like  Paul  Dana,  who  have  given  years  of  their 
lives  and  thought  to  these  grand  proper- 
ties; of  the  department  of  buildings,  the 
chapter  on  which  at  the  public  hearing  re- 
ceived the  utmost  commendation  from  archi- 
tects, builders  and  all  those  concerned  in  its 
practical  operations;  of  the  department  of 
corrections,  which  underwent  tbe  examina- 
tion of  the  various  cognate  officers  in  the 
different  municipalities  without  a single  ob- 
jection; of  the  fire  department,  to  the  con- 
struction of  W'hich  those  most  experienced 
— like  William  Cullen  Bryant  of  Brooklyn — 
suggesetd  many  novelties  and  betterments; 
of  the  department  of  docks  and  ferries, 
wherein  after  persistent  effort  to  endow  the 
city  with  a title  to  all  the  tideways  and 
waste  and  unpatented  lands  within  its  do- 
main, we  at  least  succeeded  in  giving  it  the 
prior  right  to  these  properties,  and  in  cloth- 
ing the  municipality  with  a primary  power 
to  control  and  develop  the  great  harbor  on 
both  sides  of  the  East  River,  upon  both  sides 
of  the  great  bays  and  along  its  ocean  front, 
which  never  again  can  be  polluted  by  the 
dumping  scow,  but  will  hereafter  be  washed 
by  the  ocean  in  its  native  purity  and  beauty; 
of  the  Department  of  Taxes  and  Assessments, 
far  too  intricate  and  complicated  to  be  dis- 
cussed on  this  occasion,  but  which,  perhaps, 
required  more  time  and  closer  study  than 
any  other;  of  the  Departments  of  Water  Sup- 


ply, of  Highways  and  of  Sewers;  of  the  De- 
partment of  Street  Cleaning,  wherein  we 
adopted  the  present  vigorous  and  efficient 
system  of  the  City  of  New  York;  of  the  De- 
partment of  Public  Buildings,  Lig'nting  and 
Supplies,  wherein  we  abolished  the  board  of 
electrical  control  and  created  an  agency 
adequate  to  conduct  all  the  modern  uses 
of  electricity  by  wires  laid  underground  to 
the  exclusion  of  the  unsightly  network  of 
overhead  wires  now  e.xistlng  in  some  of  the 
municipalities,  and  providing  the  citizen  with 
inspectors  competent  to  see  not  merely  that 
the  required  volume  of  gas  or  electricity  is 
furnished,  but  that  the  gas  is  of  the  requisite 
quality  and  the  electricity  of  the  required 
force;  of  the  Department  of  Bridges  in  which 
the  great  East  River  Bridge,  as  well  as  the 
bridges  over  the  Harlem  and  elsewhere,  is 
handed  over  to  the  care  of  a single  head  care- 
fully retaining  in  their  places  those  officers 
who,  by  study  and  experience,  are  familiar 
with  the  peculiar  mechanism  of  the  greater 
structures;  of  the  Department  of  Health,  in 
which  we  have  garnered  all  the  provisions  for 
the  preservation  of  the  life,  comfort  and 
health  of  the  citizen,  known  to  the  voluminous 
charter  of  the  City  of  New  York  and  the  other 
and  better  charters  of  our  country;  of  the  De- 
partment of  Education,  constructed  under  the 
guidance  of  our  distinguished  colleague,  the 
president  of  the  Columbia  University,  assist- 
ed by  the  aids  and  advisors  who  naturally  sur- 
round him,  and  which  ought  to  be  the  best 
system  of  education  known  to  the  cities  of  the 
globe.  All  these  various  departments,  as  con- 
stituted by  the  charter,  have  been  under  pub- 
lic consideration  for  several  months,  and  it 
must  be  inferred  from  the  fact,  that  in  the 
midst  of  the  somewhat  heated  opposition  to 
consolidation  under  the  charter  no  objection 
has  been  made  to  either  of  them,  that  they 
have  met  with  general  acceptance. 

A Minor  Gem  of  the  Charter. 

Among  the  minor  gems  of  the  charter  I 
may  mention  the  art  commission,  which, 
emanating  with  the  Society  of  Arts  and  Sci- 
ences in  the  city  of  New  York,  was  finally, 
with  the  aid  of  Mr.  Elihu  Root,  put  into  legal 
form  agreeable  to  tbe  constitution  of  the 
state.  In  this  section  we  have,  with  some- 
thing of  tbe  Athenean  spirit,  cared  for  public 
works  of  art,  and  seen  to  it  that  no  public 
building,  memorial,  statuary  or  work  of  art 
can  be  erected  in  any  one  of  the  public  places 
of  the  city  without  the  approbation  of  expert 
and  distinguished  artists.  I commend  also 
the  munificence  with  which  the  various  insti- 
tutions of  the  arts  and  sciences,  situated  in 
our  parks  and  throughout  the  great  city,  hava 
been  treated.  I like  the  advance  which  will 
test  the  drugs  and  medicines  sold  by  pharma- 
cists, not  merely  in  search  of  adulterations, 
but  so  that  all  drugs  and  medicines  shall  be 
known  to  be  of  the  requisite  freshness  and 
potency.  I was  glad  to  make  the  Sunday  law 
uniform,  so  that  a gentleman  may  be  made 
presentable  by  going  to  a barber  openly  at 
any  time  before  1 o’clock  on  either  side  of  the 
bridge;  and,  in  a sporting  spirit,  I like  the 
sections  which  provide  for  regattas  on  our 
rivers  and  bays  so  that  when  a great  event 
like  the  international  regatta  takes  place  the 
police  may  clear  the  race  course  and  the 
flying  vessels  be  no  longer  impeded  by  tugs 
or  insolent  craft.  The  measure  which  au- 
thorizes the  issue  of  city  bonds  in  small 
amounts  so  that  the  humblest  citizen  may  in- 
vest his  earnings  in  the  debts  of  the  metrop- 
olis, is  a feature  of  deserved  popularity. 

There  are  in  my  judgment  only  two  sub- 
stantial errors  in  the  charter.  The  first 
and  less  important  consists  in  the  plan  for 
laying  assessments  for  primary  local  improve- 


162 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


fnents  after  the  work  is  done,  and  after  it 
has  been  paid  for  by  the  issue  of  city  bonds. 
The  second  error,  which  is  of  the  first  magni- 
tude, consists  in  the  restraint  put  upon  the 
mayor’s  power  of  removal,  coupled  with  an 
enlarged  term  and  a fixed  ineligibility  to  re- 
election.  I am  quite  sure  the  experience  of 
less  than  ten  years  will  bring  the  city  back 
to  the  system  proposed  in  the  original  draft, 
whereby  assessments  for  first  local  improve- 
ments are  laid  upon  the  abutting  property  in 
advance,  and  their  total  collection  made  rea- 
sonably certain  before  a single  bond  is  Issued. 

For  a Czar-Mayor  and  a Short  Term. 

I am  for  a czar-mayor  with  a short  term 
and  a free  right  to  go  again  to  the  people.  I 
Xully  appreciate  the  objections  successfully 
urged  in  the  commission  to  so  powerful  an 
officer.  I acknowledge  there  would  be  danger 
to  the  independence  of  the  departments,  and 
that  an  ambitious  mayor  with  such  power 
might  convert  all  the  vast  machinery  of  the 
government  to  the  uses  of  his  party  or  him- 
self. There  is  a loss,  too,  in  point  of  efficiency 
on  the  mayor's  part  from  a short  term, 
whereby  he  might  go  out  of  office  at  the  very 
time  when  he  was  most  competent  for  the 
discharge  of  his  duties,  but  in  my  judgment 
these  dangers  and  evils  are  of  no  consider- 
able weight  against  the  advantages  of  all 
responsibility  for  maladministration  in  one 
man,  who  must,  either  in  person  or  through 
his  party,  go  to  the  people  every  two  years. 
I believe  that  the  Supreme  Ruler  of  the  uni- 
verse moves  through  the  minds  of  the  mul- 
titude, and  in  this  age  of  free  schools  and 
ubiquitous  journalism,  no  mayor  with  plenary 
power  and  full  responsibility  would  dare  to 
permit  corruption  or  inefficiency  to  exist  in 
any  department,  and  if  he  did  the  people 
would  have  only  one  head  to  hit,  and  one, 
party  to  demolish.  Singly  and  alone,  let  the 
mayor  be  made  responsible  for  all  abuses 
or  benefactions  in  municipal  administration, 
and  the  people  will  have  a certain  and  speedy 
way  to  remedy  bad  government,  or  to  support 
wise  and  patriotic  administration. 

This  cardinal  error  corrected,  nothing  would 
remain  of  the  subsidiary  objections.  It  would 
then  be  wholly  immaterial,  in  point  of  effi- 
ciency, whether  the  police  department  were 
under  one  head  or  four  heads,  were  partisan, 
bi-partisan  or  non-partisan.  If  the  mayor 
had  constantly  the  power  of  removal  he  could 
at  any  moment  put  an  end  to  discord,  irreg- 
ularity or  deadlock  in  a bi-partisan  police 


board  by  discharging  either  or  all  of  the 
commissioners.  Under  such  a mayor  it  is 
better  that  the  police  department  should  be 
bi-partisan,  since  a body  of  policeman  grow- 
ing in  a few  years  from  eight  to  fifteen  thou- 
sand in  number  might,  through  malign  in- 
fluences, upon  those  who  are  dependent  upon 
the  license  and  indulgence  of  the  municipal- 
ity; through  the  fears  of  the  timid,  whom 
they  might  menace,  and  by  virtue  of  their 
organized  and  far  reaching  power,  exercise  a 
control  over  our  elections  as  fatal  to  our 
rights  and  liberties  as  a standing  army  in 
time  of  peace  is  to  the  freedom  and  prosperity 
of  a republic.  A bi-partisan  board,  amenable 
at  all  times  to  the  mayor’s  power  to  remove, 
is  far  better  than  a partisan  police  with  a 
bold  and  ambitious  Fouche  at  their  head. 

Nor  is  there  anything  in  tne  suggestion  that 
the  charter  gives  the  police  any  real  control 
over  the  machinery  of  our  elections.  While 
the  heads  of  the  bureau  of  elections  are  se- 
lected by  the  bi-partisan  board  of  police,  and 
their  .offices  are  seated  in  that  department, 
their  relations  to  the  elections  is  purely- cleri- 
cal and  perfunctory.  All  the  rbal  election  offi- 
cers— the  registers,  who  make  up  the  list;  the 
inspectors,  who  superintend  the  casting  of  the 
ballots  in  the  boxes  and  the  canvassers  who 
count  the  votes — are  appointed  by  the  regular 
committee  of  the  political  parties  respectively. 
The  returns  are  made  to  several  departments 
and  there  is  not  the  slightest  chance  under 
the  charter  for  the  police  to  interfere  with  the 
voter  or  the  count. 

Not  a Candidate  for  Any  Office. 

I have  thus,  in  whole  or  part,  in  principle 
and  substance,  from  foundation  to  summit, 
in  all  its  structural  features,  presented  in 
concise  form  the  charter  for  Greater  New 
York.  My  embattled  energies  were  at  it  for 
eight  long  consecrated  months.  I know  it 
from  beginning  to  end.  Since  I have  no  selfish 
interest  to  conserve,  I think  I may  speak  of 
it  with  freedom  and  .with  pride.  I shall  not 
be  a candidate  for  any  of  its  offices.  On  the 
contrary,  I shall  be  far  away  enjoying  a need- 
ed rest  in' foreign  lands  at  the  time  of  its  in- 
auguration. I beseech  my  fellow  citizens  to 
confide  the  first  administration  of  the  charter 
exclusively  to  its  friends.  Those  who  have 
assailed  it,  as  well  as  the  opponents  of  con- 
solidation, should  have  the  decency  to  con- 
sider themselves  ineligible  to  the  first  terms. 
No  intelligent  people  would,  in  the  first  in- 
stance, confide  so  complex  a piece  of  mechan- 


ism to  those  who  are  ignorant  of  its  prin- 
ciples, or  who  have  declared  it  defective  in  its 
parts,  or  whose  reputations,  as  prophets, 
might  be  enhanced  by  its  failure.  It  is  due 
to  the  commission  that  the  charter  be  tested 
by  its  friends. 

It  is  likewise  of  the  utmost  importance  to 
each  section,  as  it  is  to  the  supreme  munici- 
pality, that  the  ablest  men  should  be  chosen 
to  fill  the  various  offices.  These  two  requests 
being  observed  the  charter  is  secure. 

It  is  adequate  to  all  the  emergencies  of  the 
vast  future.  It  is  constructed  not  merely  for 
the  present,  but  for  many  centuries  to  come. 
It  has  in  it  all  the  virtues  of  existing  charters 
and  the  vices  of  none.  It  will  adapt  itself  to 
any  extent  of  domain  and  to  any  multiple  of 
population.  As  well  with  a population  of  ten 
millions  as  with  a population  of  three  mill- 
ions, it  will  give  to  each  neighborhood  the  ut- 
most care  and  attention,  and  to  the  Imperial 
metropolis,  as  a whole,  the  utmost  dignity  and 
power.  The  form  of  government  for  Greater 
New  York,  it  will  be  the  model  Upon  which 
greater  London  will  be  constructed.  Under 
it  the  City  of  New  York  at  one  bound  be- 
comes the  mistress  of  the  Western  hemis- 
phere and  the  second  city  of  the  world.  Let 
it  be  to  you  what  Athene  was  to  the  Greek, 
Rome  to  the  Roman,  Florence  to  the  Floren- 
tine; what  St.  Petersburg  is  to  the  Russian, 
Paris  is  to  the  French,  London  to  the  English 
—an  object  of  constant  solicitude  and  of  civic 
pride!  Preserve  its  honor;  uphold  its  inde- 
pendence; develop  its  greatncM. 

In  all  these  patriotic  aspirations  you  will 
find  the  charter  a ready  instrument  for  the 
best  results.  The  full  year  is  passing  and  in 
a little  while  the  studied  page  will  be  a living 
reality.  Upon  that  reality  will  hang  the 
hopes,  the  happiness,  the  prosperity  of  mill- 
ions yet  to  be.  In  the  approaching  dawn  of 
the  twentieth  century  the  majestic  fabric 
rises  upon  the  tides  of  time.  As  I hail  it  and 
bid  it  farewell,  I fervently  implore  the  favor 
of  heaven  in  its  behalf  and  I confidently  in- 
trust it  to  the  patriotism  and  the  genius  of  my 
countrymen. 

At  the  conclusion  of  the  lecture  Alexander 
E.  Orr,  one  of  the  vice  presidents  of  the  club, 
spoke  to  a resolution  tendering  the  thanks 
of  the  club  to  Mr.  DeWitt  for  his  very  able 
and  interesting  explanation  of  the  Greater 
New  York  charter,  and  also  voiced  the  wishes 
of  the  club  members  in  wishing  Mr.  DeWitt, 
who  is  about  to  go  abroad,  a pleasant  journey 
and  safe  return.  The  resolution  was  adopted 
unanimously. 


Boroughs  of  the  City  of  New  York 


Total  funded  debt  $353,834,987.60 

Temporary  debt  (revenue 

bond*)  41,427,460.88 

Total  bonded  debt $395,262,438.48 

Hoiainga  of  sinking  funds $107,110,419.63 

Met  funded  debt  $246,724,567.97 

(Statement  of  July  3.  1699.) 


CITY  OF  NEW  YORK, 

Heavy  Solid  Lines  Indicate  the  Boroughs. 

Area  in  acres  196,800 

Population,  July  1,  1899,  Health 

Department  Census  3,550,063 

Assessed  valuation,  real  estate. $2,932, 445, 464.00 

Personal  property  $545,806,565.00 

Votes  cast,  1898 528,398 

Assembly  districts 61 


Senate  districts 26 

Congress  districts  16 

Members  of  Council 28 

Aldermen  61 

School  Board  members  84 

! Members  of  Board  of  Education  16 


164 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


y 


Area,  in  acres  13,487 

Population,  July  1,  1899 1,953,569 

Assessed  valuation,  real  estate.  .$2,054,903,876 
Personal  property,  Manhattan...  $483,375,942 

Assembly  districts  34 

Senate  districts  11 

Congress  districts  9 

Wards 22 

Vote,  Governor,  1898,  Manhattan 

and  Bronx 305,578 

Members  of  Council 12 

Aldermen  34 

School  Board  members,  Manhat-  . 

tan  and  Bronx  21 

Board  of  JCflucation  Members, 

Manhattan  and  Bronx 11 


Area,  in  acres  .36,601 

Population,  July  1,  1899 67,260 

Assessed  valuation,  real  estate..  40,264,692 

Personal  property -.r  3,838,890 

Votes  cast.  Governor,  1898 11,300 


Members  of  Council 2 

Alderman  '. 1 

School  Board  members •. . . . 9 

Member  of  Board  of  Education.,,  1 


THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 


les 


BOROUGH  OF  THE  BRONX. 

Dotted  Lines  and  Figures  Show  Assembly  Districts.  Solid  Lines  and  Roman  Numerals  Indicate  Senatorial  Districtfl. 


Area,  in  acres 

Population,  July  1,  1899. 


25,270 

163,537 


Assessed  valuation,  real  estate. . ?123,702,030  I Aldermen 

Personal  property 6,806,988  I Members  of  Council 


166 


THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


BOROUGH  OF  QUEENS. 

Dotted  Lines  and  Figures  Show  th  e Assembly  Districts.  This  .Borough  Is  Part  of  the  Second  Senatorial  District. 


Area;  in  acres 79,347 

Population.  July  1,  1899 134,139 

Aisessed  valuation,  real  estate...  $103,752,600 


Personal  property  

Votes,  Governor,  1898 

Board  of  Education  member. 


$6,314,032 

22,692 

1 


Members  of  Council.... 

Aldermen  

School  Board  members. 


THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


167 


BOROUGH  OF  BROOKLYN. 

Dotted  Lines  and  Fig^ures  Show  Assembly  Districts.  Solid  Lines  and  Roman  Numerals  Indicate  Senatorial  Districts. 


Area,  in  acres  42,095 

Population,  July  1,  1898..... 1,231,548 

Assessed  valuation,  real  estate..  609,822,267 

Personal  property  $45,270,713 

Registered  voters,  1898 201,816 


Votes  cast,  Governor,  1898 188,828 

Assembly  districts  21 

Senate  districts  7 

Congress  districts  5 

Wards 32 


Members  of  Council 0 

Aldermen  21 

School  Board  members 45 

Members  Board  of  Education....  0 


INDEX  TO  THE  CHARTER 


OF  THE 

CITY  OF  NEW  YORK. 


A 

Page.  Sec. 

Abolishing  Imprisonment  for  Nonpayment 


of  Taxes  154- 

Accident  cases,  temporary  care  67 — 670 

Aocoiiiits,  Commissioners  of: 

Appointed  14 — 110 

Duties  of  14 — 119 

Acquisition  of  lands  139 — 1,433 

Aldermen,  Board  of, 

(See  Municipal  Assembly.) 

Almshouse  labor  68 — 681 

American  Female  Guardian  Society 115—1,151 

American  Museum  of  Natural  History 68 — 622 

Amusements,  Places  of: 

Corporation  Counsel  to  enjoin  exhibitions 

having  no  license  143 — 1.479 

Diagrams  to  be  printed  on  programmes. 144 — 1,487 

Doors  and  exits  to  be  marked 144 — 1,487 

Female  waiters  forbidden  143 — 1,483 

Minors  under  14  not  to  be  admitted  to 

theaters  at  night  143—1,482 

Police  Dept,  grants  license 143—1,473 

Police  may  arrest  offenders  144 — 1,486 

Police  may  arrest  those  having  no 

license  143—1,478 

Precautions  against  fire  in  places  of 75 — 762 

prohibition  does  not  include  certain 

performances  143 — 1,480 

Public  exhibitions  to  be  licensed 142 — 1,472 

Bunday  exhibitions  forbidden  143 — 1,481 

Violation  of  rules  a misdemeanor  144 — 1,483 

Violation  of  rules  annuls  license 144 — 1,484 

Wine  and  liquors,  sales  of,  forbidden. .143— 3.483 

Appraisal*  Commissioners  of 49 — 485 

Powers  and  duties  50 — 487 

Appropriations : 

Board  of  Estimate  may  transfer  27—  235 

Board  of  Health  24 — 230 

Board  of  Magistrates  25 — 230 

Brooklyn  Charities: 

Atlantic  Avenue  Dispensary  26 — 230 

Bedford  Hospital  and  Dispensary  26 — 230 

Bushwick  and  East  Brooklyn  Dispensary  26 — 230 

Brooklyn  Hospital  26 — 230 

Central  Dispensary  26 — 230 

Central  Homeopathic  Dispensary  26 — 230 

Central  Throat  Hospital  26 — 230 

Church  Charity  Foundation  Hospital  ..  26 — 230 

Diet  Dispensary  26 — 230 

Eclectic  Dispensary  : 26 — 230 

E.  D.  Dispensary  and  Hospital 26 — 230 

Eye  and  Ear  HospUal  26 — 230 

Helping  Hand  Society  26—  230 

Home  for  Aged  Colored  People  26 — 230 

Home  for  Consumptives  26 — 230 

Homeopathic  Dispensary  26 — 230 

Homeopathic  Dispensary,  26th  Ward  ....  26 — 230 

Homeopathic  Hospital  26 — 230 

Homeopathic  Hospital  Ass’n  26 — 230 

Industrial  Home  for  Blind  26 — 230 

Industrial  Home,  School  Ass'n  (E,  D.)..  26 — ■ 230 

Industrial  School  Ass’n  26 — 230 

Lutheran  Hospital  Ass’n  26 — 230 

Maternity  .•.  28—  230 

Memorial  Dispensary  26 — 230 

Memorial  Hospital  for  Women  and 

Children  26—  230 

Memorial  Training  School  for  Nurses  ..  26—  230 


Pa^c  'o. 


M.  E.  Hospital  26—  230 

Norwegian  Lutheran  Deaconesses'  Home  26 — 230 

Orphan  Asylum  Society  26 — 230 

Orthopedic  Dispensary  26 — 230 

St.  Catharine’s  Hospital  and  Dispensary.  26 — 230 

St.  Martha’s  Sanitarium  -26 — 230 

St.  Mary’s  Female  Hospital  26 — 230 

St.  Mary’s  Hospital  and  Dispensary..  26—  230 

St.  Mary’s  Maternity  ...  2*S—  230 

St.  Peter’s  Hospital  and  Dispensary....  26—  230 

St.  Phebe’s  Mission  2C—  230 

Sheltering  Arms  Nursery  26 — 230 

Society  for  Aid  to  Friendless  Women, 

etc  26—  230 

Society  for  Prevention  of  Cruelty  to 

Children  26—  230 

Southern  Dispensary  and  Hospital  26—  230 

Stone  Maternity  26 — 230 

Throat  Hospital  26 — 230 

Training  School  and  Home,  etc 26—  230 

L.  I.  College  Dispensary  26 — 230 

L.  I.  College  Hospital  26 — 230 

L.  I.  College  Hospital  Maternity 26—  230 

L.  I.  Throat  Hospital,  etc 26 — 230 

New  York  Charities: 

American  Female  Guardian  Society..  25—  230 

American  Museum  of  Nat.  History 24—  230 

Asylum  for  Lying-In  Women  26 — 230 

Association  for  Befriending  Children..  26 — 230 

Babies’  Hospital  25—  230 

Babies’  wards,  Post  Graduate  Hospital.  25—  230 

Catholic  Protectory  25—  230 

Children’s  Aid  Society 25—  230 

Children’s  Fold  25 — 230 

College  of  City  of  New  York 25—  230 

Five  Points  House  of  Industry  26—  230 

Flower  Surgical  Hospital  25—  230 

Foundling  Asylum,  Sisters  of  Charity.  25—  230 

Hebrew  Benevolent  Society  25—  230 

Home  for  Fallen  Girls,  from  excise 

money  27—  238 

Homeopathic  College  and  Hospital 25—  230 

House  of  Good  Shepherd 26—  230 

House  of  Mercy  26 — 230 

Infant  Asylum  25—  230 

Infirmary  for  Women  and  Children 25—  230 

Institution  for  Blind  25—  230 

Juvenile  Asylum  25—  230 

Magdalen  Female  Benevolent  Asylum.  26 — 230 

Meteorological  and  Astronomical  Ob- 
servatory   24 — 230 

Metropolitan  Museum  of  Art 24—  230 

Mothers’  and  Babies’  Hospital 26 — 230 

Night  medical  service  25 — 230 

Normal  College  25 — 230 

Nursery  and  Childs’  Hospital 25—  230 

Peabody  Home  for  Aged  Women 26 — 230 

Polyclinic  and.  Medical  School 25—  230 

Private  and  incorporated  charities 26—  230 

Sanitarium  for  Hebrew  Children 25 — 230 

St.  John’s  Guild  25 — 230 

Shepherd’s  Fold  P.  E.  Church 25 — 230 

Sloan  Maternity  Hospital 26 — 230 

Society  for  Prevention  of  Cruelty  to 

Children  25 — 230 

Society  for  Relief  of  Ruptured,  etc 25 — 230 

Commissioner  of  Jurors  24 — 230 

Coroners’  fees  24 — 230 

County  officers  25—  230 

Excess  may  be  transferred .' 27 — 237 

Excise  money;  how  appropri£.ted 27—  240 


Page.  Sec. 

' .i-  contesting  office  28—  241 

or  executing  certain  laws 25 — 230 

anitors,  district  courts  25 — 230 

justices  of  Supreme  Court 25—  230 

Maintenance  and  repair  of  bridges 25 — 230 

Prevention  of  contagious  disease 27 — 236 

Public  charities,  department  of 24 — 230 

Registration  and  elections 24 — 230 

Seventh  Regiment  Armory 24 — 230 

Streets  and  highways  24—  230 

Surveys  and  maps  for  board  of  estimate  25—  230 

Water  supply  24 — 230 

.Vrt  commission.  (See  Park  Department.) 

Ashes  and  garbage  121—1,223 

Attendance  agents  113—1,116 

B 

Bakeries,  etc 129 — 1,311 

Barber  shops  may  be  open  on  Sunday  — 147 — 1,535 

Battery  place;  boat  landings 63—  619 

Bible  retained  In  the  schools Ho — l,il51 

Birds:  Killing  forbidden 144 — 1,493 

Births  122 — 1,237 

Blind,  expenditures  for  relief  of 68—  676 

Books,  documents,  etc.;  where  filed 148 — 1,537 

Borougli8: 

Assessment  rolls  of  each  to  be  revised 

by  Municipal  Assembly 91 — 911 

Bronx  (Map)  165 — 

Brooklyn  (Map)  167 — 

Brooklyn,  city  magistrates 137—1.394 

Justices’  courts  abolished 133 — 1,350 

Marshals  to  remain  in  office  till  Feb- 
ruary. 1898 139—1.424 

Municipal  Court,  justices;  when  elected. 133 — 1,352 

Police  force  transferred 30 — 278 

Tax  on  foreign  insurance  companies 81 — 809 

Teachers’  Retirement  Fund 113 — 1,119 

Wards  continued  150 — 1,577 

Brooklyn  and  Queers. 

Fire  commissioner  to  appoint  deputy...  72 — 721 
Fire  marshal’s  bureau  to  be  estab- 
lished   72 — 727 

Building  Commissioners  64 — 644 

Building  Dept.,  all  rules  to  be  uniform.  64 — 645 
Buildings  for  public  use  to  be  located  in 

each  42 — 385 

Buildings,  deputy  superintendents 65 — 648 

City  of  New  York  (Map) 163 

City  magistrates  137 — 1,394 

Commissioners  of  Public  Charities 66 — 658 

Commissioner  to  appoint  and  remove 

deputies  66 — 659  . 

Coroners  to  be  elected  in 150 — 1,570 

Coroner,  subordinates  and  salaries 150 — il,571 

Corporation  Counsel  to  establish  bu- 
reaus   28 — 258 

Deputy  tax  commissioners  to  be  appor- 
tioned among  89 — 885 

To  make  up  amount  of  assessed  valu- 
ation   90 — 899 

Health  board  to  establish  offices .118 — 1,181 

Registrar  of  records;  shall  appoint  in 

each  119—1,190 

Manhattan;  marshals  to  be  appointed. .139 — 1,427 
Tax  on  foreign  insurance  companies  in  80—  803 
Manhattan  and  Bronx;*wards  continued, 

etc 150—1,578 

Manhattan,  Bronx  and  Richmond  fire 
marshal  77 — 779 


100 


INDEX  TO  THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


Page.  Sec. 

Municipal  courts,  clerks 

and  assistants 

135—1,373 

[134—1,339 

134—1,361 

Manhattan  dist 

134—1,360 

164 

134-1,362 

166 

134—1,363 

Richmond  (Map)  

Seals  for  ^35 — 1,3«2 

Offices  pf  department  of  correction  in 

each  

Park  commissioners  

Park  buildings,  to  maintain 62  613 


President  - and  members  of  municipal 
assembly  to  constitute  the  local  board.  42 — 391 


President;  powers  and  duties  42—  383 

Election;  qualifications  -11 — 382 

Salary;-  term  282 

To  call  meetings  of  local  board 42 — 384 

Queens,  city  magistrates  137—1,394 

Clerk  of  special  sessions  137 — 1,404 

Marshals  appointed  139 — 1,426 

"Wards  designated  130 — l.oSl 

Richmond:  clerk  of  special  sessions 137—1.404 

■Marshals  appointed 139—1.426 

Tax  on  foreign  insurance  companies....  82 — 810 


Wards  designated  150 — 1,580 

School  boards,  accounts,  etc.,  to  be  kept. Ill— 1.099 

Borough  superintendents  Ill — 1,102 

Brooklyn  106—1,061 

Constitution  of  106 — 1,061 

Duties  of  110  1,090 

High  and  training  schools  established. 110— 1,096 

Management  of  schools  110 — 1.090 

Manhattan  and  Bronx  106—1,061 

May  discontinue  schools  110 — 1.094 

Organization  of  HO — 1.0S9 

President  HO  1,089 

Queens  106 — 1.061 

Richmond  106  1.061 

Salaries  need  not  be  uniform HO — 1,091 

Salaries  of  teachers  HI — 1,100 

Salaries,  power  to  fix  HO — 1,091 

Secretary,  duties,  etc HO — 1,089 

Superintendent,  duties  H2 — 1,107 

School  supplies,  depots  to  be  estab- 
lished   108—1,078 

Tax  department,  office  of,  in  each 89 — 890 

Record  of  assessed  valuations  to  be 

kept  in  each  office  89 — 892 

Bridge,  crimes  committed  on 61 — 599 

Bridges,  department  of. 

Details  from  police  force  34 — 314 

Commissioner,  appointment,  term 61 — 594 

Jurisdiction. 61  595 

Salary 61—  594 

To  make  dally  reports  61 — 596 

Employes  not  affected  by  this  act 61 — 597 

Mlalemeanorfl,  penalties  61 — 60 

Public  highway  61 — 598 

Powers  of  former  boards  transferred....  61 — 601 


Brooklyn  (see  Boroughs). 

Bnllding^s,  Department  of 13—  102 

Existing  law-3,  continuation,  etc.,  of  ....  65 — 647 

Municipal  assembly  to  regulate 9 — 47 

Commissioners,  appointment  of  6-4 — 644 

Application  for  construction,  etc.,  of 

buildings,  to  be  recorded  66 — 652 

Decisions  and  appeals  65 — 649 

Duties  of  commissioners 65 — 64S 

Expenditures  must  not  exceed  appro- 
priations   65 — 651 

Floating  baths,  sites  for  85 — 834 

General  powers  under  existing  laws  ....  6-4 — 646 

Itemized  estimates  to  be  made  65 — 651 

Power  to  appoint  and  remove  65 — 648 

President,  appointed  by  mayor  64 — 644 

Qualifications;  jurisdiction  '64 — 644 

Rules  and  regulations  64 — 645 

Rules  may  vary  65 — 650 

Salaries  64 — 644 

Tenement  houses  .132 — 1,323 

Canal  boats  86 — 854 

Additional  accommodation  8S — 865 

Captain  of  port,  office  abolished 86 — 847 

Cattle,  sheep,  etc.,  slaughtering  regu- 
lated   122 — 1,227 

Certificate  of  appointment  to  office  to 
be  given  149 — 1,547 


C 


Chemicals,  etc.,  storage  of  77—  769 

Children's  Aid  Society  115 — 1,152 

Children:  school  age  105 — 1,056 

Churches,  schools,  etc.,  exempt  from  tax- 
ation   91 — 904 

Cham  berlain : 

Appointment  20 — 194 


Page.  Sec. 


Bond  of  20 

Civil  procedure  for  moneys  paid  into 

court  21 — 

Duties  20 — 

Fees  for  city  to  collect  21 — 

Public  moneys,  where  to  be  deposited.  21 — 

Salary  21- 

Taxes.  daily  statement  sent  by  re- 
ceiver   92 — 


194 

197 

195 

198 

196 
196 

922 


Page.  See. 


College,  city  of  New  York  H3 — 1,127 

AppropriaUon.s  for  24—  23o 

Convict  labor  "0 — 700 

Coroners’  election,  in  boroughs  150 — 1,-j70 

Officers  in  boroughs  1.50— 1, oil 

Subordinates  and  salaries loO— l,o»l 


Corporation  Counsel.  See  I^avv  Dep’t: 

Corporation  newspapers  145— 1,.>I 

Corporations;  assessed  valuation  89—  8! 


Controller  13—  97 

Advice  in  regard  to  leases  23 — 217 

Application  of  certain  moneys 17 — 162 

Arrears  sales  105 — 1,046 

Arrears  sales  postponed  103 — 1,029 

Assessments  and  arrears,  collector  ap- 
pointed   16—  152 

Confirmation  published  by ;...102 — 1,018 

Joists  to  be  filed  17—  159 

Member  of  board  of  revision 94 — IU4 

On  city  to  pay  assessments 19 — 176 

Unpaid  assessments,  may  apportion. ..  102 — 1,021 
Assessments,  etc.,  unpaid;  may  direct 

property  to  be  sold 103—1,027 

Taxes,  assessments,  to  publish  con- 
firmation of  101 — 1.005 

Authorized  to  add  to  the  list  of  insti- 
tutions receiving  city  aid 24 — 230 

Bonds,  assessments,  to  issue 19 — 181 

Deficiency,  to  issue  20 — 185 

For  dock  and  ferry  dept 19 — 180 

Drainage,  to  issue  19—  179 

Proposals  advertised  19 — 182 

Public  improvements,  to  issue  45 — 423 

Revenue,  to  issue  20—  187 

Special  revenue,  to  Issue  20—  188 

Redemption  of  20 — 184 

Right  to  issue  18 — 169 

State  taxes,  to  issue  20 — 186 

Street  cleaning  dept.,  to  issue 56 — 546 

Water  supply,  to  issue  52 — 509 

City  Record,  member  of  board  of 145—1,526 

Clerks,  to  appoint  17—  160 

Daily  report  from  commissioner  of 

bridges  (1—  596 

Deputy  16 — 150 

Election  of  15—  149 

Financial  statement  to  be  published..  17 — 161 

^hall  pay  assessments  on  the  city 19—  176 

Power  to  adjust  all  claims  15 — 149 

Publish  statement  17 — 161 

Receiver  of  taxes;  shall  appoint  16 — 1-52 

Salary  of  15—  149 

Shall  pay  wages  and  salaries  15 — 149 

Sewer  dept.,  to  pay  all  expenses  of....  57 — 5G3 

Special  funds  in  hands  of  20—  187 

Street  opening:  pay  surveyors’  and 

other  fees  lOO — 997 

Street  paving;  how  to  be  paid  20—  183 

Submit  to  Municipal  Assembly  amount 

to  be  raised  by  taxation  28 — 247 

Submit  to  Municipal  Assembly  amount 

to  be  raised  by  tax  go — goo 

Tax  receiver,  deputy  to  appoint 92—  925 

To  certify  assessors’  interest  charges, 

etc 94—  946 

To  pay  contractors  45—  423 

Water  supply;  how  expenses  are  to  be 

met  19—  178 

Have  control  of  certain  market  lands.  17 — 163 

City  Clerk: 

Appointment,  term,  duties  8 — 28 

Assessment  rolls,  to  sign  91—  911 

Auctioneers:  to  license  8 — 34 

Borough  clerks  to  be  appointed  by  him..  8—  32 

Custodian  of  all  documents  8—  32_ 

Deputies  and  clerks:  to  appoint 8 — 33 

Deputy  to  act  in  case  of  his  absence 8 — 31 

Papers  certified  by,  to  be  evidence 8 — 28 

Records  and  minutes  open  to  inspection.  8 — 31 

Salary  of  8—  33 

To  keep  a record  of  municipal  assembly.  8—  29 

To  sign  and  seal  all  documents 8—  31 

City  Record,  Board  of 13—  97 

Certain  matters  to  be  printed 146 — 1,528 

Publication:  contents  145 — 1,526 

Publidatlon  of  all  acts  150 — 1,559 

Supervisor  appointed  14.5 — 1,526 

To  arrange  list  of  voters  146 — 1,527 

Civil  Service  Commissioners; 

Appointed  by  mayor 14 — 123 

Authority  and  duty  of  15 — 125 

Regulations  |or  14 — 124 

Sh^ll  examine  all  applications  for  police 

force  33 — 304 

Veterans  15 — 127 

Warrants  for  salaries  to  be  certified 
by  15—  126 

Clerks,  etc.,  now  holding  office  to  be  re- 
I • talned  147 — 1,536 


Correction,  Dep't  of:  ^ 

Commissioner  of  ^3—  104 

Accounts  to  be  rendered  monthly  70—  703 

Appointment  and  jurisdiction  • 59—  694 

Buildings,  may  be  altered  and  repaired.  71—  713 
Criminals,  classification  and  instruction.  70—  69S 

Criminals,  etc.,  powers  over  70—  097 

Disorderly  persons,  etc. ; fines  to  be  im- 
posed   ^0  707 

Disorderly  persons  and ‘vagrants;  com- 


mitment of  70  d'7 

Expenditure  70 — 70.3 

Fines,  collection  of  70 — 706 

Inmates  of  institutions,  employment — 70—  700 

Gifts  on  their  discharge  72—  714 

Hours  of  labor,  discipline  70—  702 

May  transfer  inmates  69—  696 

May  transfer  71—  712 

Record  to  be  kept  J 70—  690 

To  work  in  dep't  of  charities  70—  701 

Institutions  under  jurisdiction  of 69—  695 

Itemized  estimates  to  be  made  70—  703 

Misdemeanors,  classification  of  ”0 — 698 

Persons  committed,  discharge  of 71—  711 

Record  of  commitments  to  be  kept 71 — 709 

Salary  69—  694 

Subordinate  officers  69—  694 

Subordinate  officers;  requisitions  and  re- 
ports   70—  705 

Supplies  to  be  advertised  for  70—  704 

Term  of  detention,  of  prisoners  to  be 

fixed  by  71 — 710 

Workhouse,  supt.  of.  duties,  etc 71—  70S 

County  officers;  constitutional  election  of, 
not  affected  150 — 1.584 

CourtH: 

All  court  houses  to  be  transferred  to  the 

courts  created  by  this  act  138 — 1,415 

All  papers,  etc.,  to  be  delivered  to  the 

courts  created  by  this  act  138—1,414 

Assignments  for  places  for  holding 

courts  10 — 53 

City  Court  of  New  York  133 — 1.34"> 

Justices  133—1,346 

Constables  to  hold  positions  till  Feb. 

1,  1898  139—1,424 

Criminal  Court. 

Charges  may  be  transferred  137—1,399 

Clerks  and  employes  137—1,400 

First  Division:  City  magistrates  con- 

■ tinued  137-1.392 

City  magistrates;  successors,  how  ap- 
pointed   137 — 1,392 

First  division;  special  sessions  contin- 
ued   136 — 1,391 

Magistrates,  board  of  137 — 1,397 

Magistrate  not  to  sit  in  any  borough 
except  that  for  which  he  was  ap- 
pointed   137 — 1,398 

Magistrates;  powers  of  137 — 1,396 

To  be  in  constant  attendance  137 — 1,398 

Second  division  137—1,394 

Salary  137—1,395 

District  court  justices  to  act  till  Feb- 
ruary 1,  1898  136 — 1,384 

Justices  courts  abolished  133 — 1,350 

Marshals'  bonds  to  be  filed  139 — 1,428 

Mayor  to  appoint  139 — 1,425 

Mayor  may  remove  139 — 1,429 

To  hold  tbeir  positions  until  Feb.  1, 

1898  139—1,424 

Mayor  shall  designate  jurisdiction  of 

magistrates  139 — 1,417 

Pending  actions  not  abated  by  this  act. 139— 1,416 

Police  justices  abolished  133—1,350 

Present  justices  to  act  till  Feb.,  1898. .133 — 1,350 

Municipal  court  133 — 1,351 

Actions  may  be  transferred  from  one 

borough  to  another  .* 135 — 1,370 

Actions  brought  by  city  of  N.  Y 135 — 1,370 

Actions,  in  what  district  brought  135—1,370 

All  papers  to  be  delivered  to  incoming 

justices  136 — 1,38] 

Appeals  135 — 1,367 

Borough  districts  133—1,358 

Brooklyn,  districts  of  134 — 1,361 

Bronx,  district  of  134—1,359 

Clerks  may  administer  oaths  136—1,378 

Clerks,  how  removed  136 — 1,383 

Clei'ks,  salary  135—1,373 

Justices  133 — 1,352 


170 


INDEX  TO  THE  CHARTER  OP  THE  CITY  OF  NEW  YORK. 


Page.  Sec. 


Board  of  — 1,374 

To  make  rules  136—1,375 

Concurrence  of  majority  136—1,376 

Jurisdiction  134—1,304 

Justices,  how  elected  133 — 1.352 

How  removed  136 — 1.383 

Oaths  1.354 

Qualifications  of  133—1.35.1 

Salary  1,355 

Term  of  office  133—1.356 

To  administer  oaths  136—1.379 

Vacancies,  how  filled  1-33 — 1,357 

Manhattan,  district  of  134 — 1,360 

Mode  of  procedure  135 — 1.369 

Pending  causes,  hpw  disposed  of  136—1,38.2 

Process  and  mandate  135—1,368 

Queens  district  134 — 1,362 

Richmond  district  134  1,363 

Seals  of  .* 135  1,372 

Stenographers’  fees  135 — 1,367 

Supreme  court  rules  to  apply  136 — 1,377 

To  take  possession  of  court  houses  — 136—1,380 

"W'here  held  135 — 1,371 

Special  sessions  137—1.401 

Appeals  from  138—1  413 

Appeals  from  city  magistrates  138 — 1,412 

Bastardy  proceedings  138 — 1,406 

Clerks  137—1.404 

How  held  138—1,405 

Jurisdiction  138 — 1,406 

Justices  of  137 — 1,401 

Magistrates  138 — 1,408 

Qualifications  137 — 1,403 

To  adopt  rules  138 — 1,409 

Vacancies  137 — 1,402 

Special  sessions,  court  of.  remit  a fine. .138—1,406 
Time  and  place  of  holding 138 — 1,410 

D 

Deaths  122-1,238 

Debt  — Imlebtedness.  AH.samp- 

tion  of  C—  5 

Common  6 — E 

Counties  not  to  become  indebted  6—  S 

Creation  of  6 — 

Creation  and  payment  of  6—  5 

Excessive  indebtedness,  safeguards 

against  7—  C 

Departments,  Administrative : 

Bridges  13—  9C 

Buildings  13 — 96 

Correction  13 — 96 

Docks  and  ferries  13 — 96 

Education  13 — 96 

Finance  13—  tC 

Fire  13—  96 

Health  13—  96 

Highways  13 — 96 

Law  13—  96 

Parks  13 — 96 

Police  13—  96 

Public  buildings,  lighting,  etc 13—  96 

Public  charities  13 — 96 

Public  improvements  13—  90 

Bewers  13—  96 

Street  cleaning  13—  96 

Taxes  and  assessments  13 — 96 

Water  supply  13—  96 

Department,  heads  of,  appointed 47—  450 

Appropriations;  how  transferred 48—  461 

Branch  offices ; where  located 47 — 451 

Bureaus  to  be  located  in  Brooklyn 47 — 458 

Chief  engineer:  duties  47—  434 

City  record:  to  furnish  information 116—1,528 

Consulting  engineers;  how  appointed 47 — 435 

Control  of  and  removal  of  subordinates.  148—1, 543 

Copies  of  papers  to  be  furnished 148—1,545 

Deputies;  duties  47—  452 

Employes  may  be  transferred 47—  460 

Engineers;  how  appointed  47—  453 

Expenses  must  not  exceed  appropria- 
tions   148—1,542 

Main  office,  where  located 51 — 451 

Majority,  Quorum,  Powers 148—1,541 

May  appoint  subordinates  and  fix  sal- 
aries   47 — 456 

May  appoint  one  person  in  two  or  more 

departments  47 — 459 

May  organize  bureaus  47—  458 

Mayor  to  appoint  14—  118 

Prepare  and  execute  contracts 47—  457 

Records  to  be  kept  and  published 148 — 1,544 

Reports  at  stated  times 148—1,544 

Shall  possess  sole  executive  power 47 — 450 

Terms  of  office  14—  118 

To  certify  to  assessments 94 — 946 

To  sit  in  board  of  aldermen 7 — 25 

Deputy  tax  commissioners  89 — 887 

Detention  of  witnesses  35 — 321 

District  telegraph  companies,  patrolmen 
tor 38—  350 


Page.  Sec. 


Docks,  piers,  harbor,  port  waters 82- 

Docks  and  ferries,  department  of  docks. 

Board  cf  13 — 106 

Appointed  82 — 816 

Annual  report;  details  of 84—  829 

Commissioners,  salary  82—  816 

Canal  boats: 

Derricks  for  unloading,  permitted 86—  856 

Piers  for  their  use 86 — 854 

Certain  offices  abolished 86 — 847 

Contracts  for  leases,  etc.,  to  be  sealed..  85 — 830 

Docks  for  health  department 85 — 836 

For  street  cleaning  department 85 — 836 

Dock  masters  appointed 86—  847 

Certain  duties  of 86 — 848 

Personation  of,  a misdemeanor 88 — 868 

To  assisn  and  regulate  stations  for 

vessels  88 — 867 

To  report  violations  of  rules 88 — 869 

Ferries  to  be  leased  by 84 — 826 

Floating  baths,  sites  for 8.3 — 834 

Floating  docks  authorized  88 — 870 

Garden  produce:  docks  set  apart 87—  858 

How  expenses  arc  to  be  met 19—  180 

Jurisdiction,  power,  duties 82 — 818 

Lands  under  water,  grants  restricted,..  88 — 876 
Lands  under  water  owned  by  state;  dis- 
position of 8.5—  831 

Merchandise  on  pier,  rates  for 87 — 852 

New  territory,  extension  ot  jurisdiction 

to 82—  817 

Obstruction  of  piers,  merchandise  to  be 

stored  when  removed 86—  852 

Unclaimed  to  be  advertised 86—  853 

Removal  of 86—  851 

Expense  86—  850 

Offices  and  officers,  duties,  etc 84 — 828 

Oyster  business,  docks  for 84—  825 

Penalties  87—  857 

Piers  and  docks,  construction  regulated.  83 — 821 

For  use  of  street  cleaning  dep’t 35 — 542 

President  elected  annually 84—  828 

Salary  82—  816 

Recreation,  piers  set  apart  for 83—  837 

Rules  and  regulations  of 84—  827 

Seal:  description  ot 85—  830 

Shall  clean  wharves  and  piers 63—  340 

To  i-egulate  sheds  on  wharves,  etc 85-,-  844 

Sheds  on  wharves  not  to  be  used  as 

booths  or  shops 85—  846 

Snow  and  ice  dumped  from  piers 88 — 878 

Vessels  occupying  waters  unauthorized 

to  be  removed 87—  856 

Water  may  be  deepened  at  a private 

wharf  83—  832 

Water  front  for  use  of  Fire  Dep't 83—  838 

Water  fronts,  plans  for  82 819 

Surveys  83—  820 

Wharf  property,  may  acquire  83—  822 

North  and  East  Rivers,  acquirement 

of  84—  823 

In  which  city  has  some  interest 84 — 824 

Wharfage  bills,  rates  to  be  printed  on.  88—  863 

Wharfage,  etc. ; canal  boats  87 — 861 

Oyster  and  clam  trade  87—  SCO 

Vessels  carrying  brick  87—  861 

Wharves,  may  lease  84—  825 

Must  not  be  made  dumping  grounds..  85—  843 

Drainage  of  lands  121—1,213 

Druggists.  See  Pharmacy. 


E 


Eldncation,  Department  of 13—  108 

All  employes  continued  in  office  until 

February,  1898  113—1,117 

Bible  retained  115—1,151 

Charges  against  principals  and  teach- 
ers; proceedings  thereon  112—1,114 

Children;  school  age  105—1,036 

College  ot  city  of  N.  Y.,  degrees,  etc.. 

Trustees  to  grant  114—1,132 

Instruction  gratuitous  114—1,132 

Laws  regarding  management  113—1,129 

Separate  corporation  113—1,127 

State  funds,  to  participate  in 113—1,130 

Trustees  113—1,128 

Reports  of  114—1,133 

To  report  money  required  113—1,131 

Compulsory  education  law  113—1,113 

Employes  transferred  to  boroughs 113—1,117 

Evening  schools,  school  board  may  es- 

lish  110—1,094 

Janitors,  appointment  and  removal 108—1,075 

Kindergartens,  school  board  may  estab- 
lish   110—1,093 

Nautical  school  to  be  established  115—1,157 

Chamber  of  Commerce  committee  to 

serve  as  council  115 — 1,159 

Expenses  ot  115—1,160 

Management  of  115—1,158 


Page.  Sec. 

N.  Y.  Institution  tor  Blind  to  participate 


in  school  fund  115—1,161 

Normal  college.  , 

Amount  required  for  expenses  to  be 

raised  by  taxation  114 — 1,142 

Corporation  and  college  114—1,1^ 

Degrees  114 — 1,143 

Instruction  gratuitous  114 — 1,143 

Laws  applicable  to  114—1,141 

Money  to  be  expended  as  trustees  re- 
quire   114 — 1,143 

State  funds,  participation  in  114—1,141 

Trustees,  powers  and  duties  114—1,140 

Trustees,  annual  reports  114 — 1,144 

Trustees,  contracts  by  114 — 1,145 

Oath  ot  office  for  school  officers 110 — 1,088 

Principal  may  suspend  teacher  under 

charges  112 — 1,114 

Private  schools,  trustees  may  convey  to 

the  city  115—1,152 

Proceeds  of  sale  of  unused  school  prop- 
erty to  be  used  where  sold 107 — 1,068 

Public  school  property,  title  of 

Public  school  teachers'  retirement  fund. 
Rellgioui  sects  and  dogmatic  books  ex- 
cluded   115—1,151 

Salaries  need  not  be  unifornt  in  bor- 
oughs   110—1,091 

School  fund. 

Certain  private  schools  to  participate 

in  115—1,152—1,154 

General,  how  used  106—1,060 

N.  Y.  Institution  for  Blind  to  partici- 
pate in  115—1,161 

Special,  how  used  106—1,060 

School  expenses  for  1898  6 — 11 

School  officers  to  take  oath  of  office 110 — 1,088 

Schools,  evening  110 — 1,094 

State  appropriation  . 113 — l.lis 

Taxation  for  benefit  of  106 — 1,039 

Supplies,  requisition  for.  how  made 112 — 1,1H 

Teachers,  appointment  and  promotion.  .Ill— 1,103 

Licenses  108—1,081 

Retirement  fund  109—1,083 

Retirement  fund,  Brooklyn  113— l,li9 

Transfer  112—1,110 

Under  charges  may  be  suspended  by 

principal  112—1,114 

Yearly  contracts  continued  109—1,086 

Etlucation,  Board  of: 

Composition,  duties  .106—1,062 

Officers  107—1,069 

Report  annually  to  mayor  109—1,085 

Report  annually  to  state  superinten- 
dent   109—1,084 

Buildings,  superintendent  ot 107—1,669 

Deputy  in  each  borough 107 — 1,074 

Nominate  janitors  107 — 1,075 

Oath  at  d security  by 107—1,073 

Bylaws,  rules,  etc.,  may  enact 107—1,070 

Chief  clerk,  appointed ..107—1,069 

Duties  107—1,071 

College  ot  City  of  N.  Y. ; trustees  of 113—1,128 

Contracts  108—1,077 

Examiners,  to  appoint  board  of 108—1,081 

Qualifications  108 — 1,081 

Terms  of  office,  salary —1(W— 1,081 

High  schools  108—1,096 

May  bring  suits  105 — 1J155 

May  direct  that  appropriations  be  with- 
held from  school  boards 109 — 1,066 

May  retire  teachers  109—1,083 

May  sell  personal  school  property  not 

needed  107—1,068 

Mayor  may  remove  members U09— 1,087 

Nautical  school  115—1,157 

Executive  committee  115—1,158 

Normal  college,  trustees  of 114—1,140 

Powers  of  106 — 1,063 

Powers  of  former  boards  transferred.... 113— 1,058 

Powers  of  investigation 113— l,ll5 

President  106—1,062 

Property  under  control  of 107—1,065 

Provide  bureaus  in  boroughs .107—1,072 

Report  of  money  and  attendance 115 — 1,153 

Of  omission  to  apportion  school  fund  to 

private  schools  .......115 — 1,155 

Borough  board  of  school  superintendents. 112 — 1,107 
Books  and  supplies,  may  recommend.  .112 — 1,111 

Principals:  list  to  be  kept 112—1,109 

Pupils,  promotion  of 111—1,110 

Borough  superintendents  113—1,102 

Attendance  agents,  to  appoint 113—1,116 

Clerks,  may  nominate  and  assign 113 — 1,116 

Compulsory  education  law,  to  enforce. .112— 1,116 

Duties  112—1.107 

General  duties  ...112 — 1,108 

Principals  and  teachers,  to  nominate.. Ill — 1,103 

Qualifications HI — 1,103 

Resignations  111—1,103 

School  grades;  may  recommend  a 
change  1 1121— 


INDEX  TO  THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


171 


Page.  Sec. 

City  superintendent  107—1,063 

Annual  report  108—1,080 

Clerks,  may  appoint 108—1,080 

Duties  fully  detailed 108—1,080 

Examiners,  member  of  board 108—1,081 

Bights  and  duties 108—1,079 

Seat  in  board  of  education 108—1,079 

To  issue  teachers’  licenses 107—1,081 

School  fund,  general 107—1,065 

Special  109 — 1,065 

School  officers,  removal  of 109 — 1,082 

School  system,  representative  of 106—1,064 

Secretary  appointed  107— il,  069 

Secretary  of,  duties 107—1,071 

Supplies,  purchase  and  regulation  of.. 108— 1,076 

School  supplies,  superintendent 108—1,069 

Depots  to  be  established  in  boroughs.. 108— 1,078 
Deputies  and  subordinates,  may  ap- 
point   108 — 1,078 

- Oath  and  security  108 — 1,078 

School  boards  106 — 1,061 

Accounts,  etc.,  to  be  kept  in  boroughsUl— 1,099 

Annual  reports  Ill — 1,101 

Appoint  and  remove  janitors 108—1,075 

, Borough  of  Brooklyn  to  administer 

teachers’  retirement  fund ,..113 — 1,119 

Chief  clerk  110—1,092 

Classes  In  foreign  languages 110 — 1,093 

Duties  of,  in  boroughs 110—1,096 

Evening  schools  110 — 1,094 

General  school  fund 110—1,065 

High  and  training  schools 110—1,096 

Kindergartens  110 — 1,093 

Members  to  hold  no  other  office 106 — 1,061 

Organization  In  boroughs 107 — 1,089 

, Powers  of  investigation 113 — 1,115 

Principals  and  teachers;  power  to 

transfer  112 — 1,105 

Principals  and  teachers,  to  appoint 111—1,103 

Principals  and  teachers  unemployed, 

transfer  of ill2 — 1.106 

, Salaries  of  teachers  provided  for 111—1,100 

Salaries,  power  to  fix 110 — 1,091 

School  grades  112—1,104 

School  Inspection  districts 111—1,097 

Schools,  may  be  discontinued,  etc.,  in 

, boroughs  110—1,094 

Secretary,  duties  110 — 1,092 

Teachers  or  principals  under  charges, 

may  suspend  112—1,114 

Teachers’  standing,  may  fix 112 — 1,104 

Terms  of  office  106 — 1,061 

Vacancies  106—1,061 

School  inspectors,  duties  of  111—1,098 

Mayor  to  appoint  110 — 1,097 

Organization  DO— 1,097 

School  officers  must  not  be  Interested  In 
contracts  109—1,082 

Electionn: 

Board  and  officers  abolished  40 — 338 

Transferred  to  police  department 40—  358 

Elections,  bureau  of  % 40 — 359 

Assistants,  salary  of  40 — 361  j 

Branch  offices  40 — 359  i 

Branch  offices,  location  of  40—  366 

Branches,  chiefs  of.  duties  40—  366 

Chiefs  and  assistants  40—  361 

Control  of 40—  359 

Existing  records  and  property  to  be 

transferred  40 — 36,8 

Expenses  of  40 — 364 

Election  expenses  charged  to  city  40 — 367 

General  application  of  preceding  sections  41 — 370 

Management:  superintendent  40—  360 

Officers,  terms,  salaries  40 — 362 

Officers,  removal  of  40 — 362 

Present  employes  continued  40 — 363 

Police  to  be  detailed  for  duty  40 — 361 

Police  department  to  have  control  of 29 — 271 

Superintendent’s  annual  report  40 — 365 

Superintendent,  chief  officer  40 — 365 

To  destroy  registers  of  electors  40 — 369 

Estimate,  Commlasioners  of,  ap- 
pointed   140—1,442 

-\ppeal  from  140 — 1,442 

Awards  and  payments,  sources  of 141—1,447 

Defects,  amendments  of 141—1,445 

Duties  139—1,437 

Interests  of  city  to  be  protected  by  cor- 
poration counsel  141—1,446 

Maps,  preparation  of  139 — ^1,436 

Owners  of  lands  unknown  140 — 1,441 

Powers,  fees,  etc  141 — 1,444 

Premises  may  be  entered  for  examina- 
tion   139—1,436 

Procedure  for  acquirement  139—1,435 

Removal  of  141—1,443 

Reports  of  139—1,438 

Report,  presentation  of  140 — 1,440 

Title  vested  by  resolution  140—1,439 


Page.  Sec. 

Estimate  and  Apportionment, 

Board  of  23—  226 

Appropriation  for  maps,  etc.,  for  board 

of  public  improvement  46—  413 

Budget,  annual  23—  226 

College  of  City  of  N.  Y.,  salaries 113 — 1,131 

Duties  23—  226 

Elections,  bureau  of,  expenses 40—  364 

Excise  money  to  charitable  institutions.  27—  240 
List  of  persona  and  salaries  not  within 

a department  27 — 234 

May  authorize  controller  to  issue  bonds 

for  public  improvements  45 — 423 

May  issue  certain  stocks  and  bonds 27—  235 

May  transfer  appropriations  27 — 235 

May  transfer  excess  of  appropriations.  27—  237 

Must  provide  for  deficiency  24—  228 

Park  appropriations  provided  63—  617 

School  fund,  special,  amount  for  each 

borough  to  be  designated  106 — 1,061) 

Schools,  taxes  for.  after  1898  106 — 1,059 

Shall  provide  for  city’s  obligations 24—  227 

Streets:  appropriations  for  24 — 230 

Street  cleaning  department;  bonds  for..  56-  546 

To  approve  sweeping  contracts 27—  239 

To  audit  costs  against  city  ., 27—  231 

To  provide  for  de^ciencies  in  revenue..  27—  232 
Estimate  and  Assessment,  Board  of: 


Drainage  commissioners,  report  of 121 — 1,218 

Drainage  commissioners,  to  act  as 121 — 1,217 

Drainage;  pay  as  commissioners 121 — 1,217 

F 

Ferries. 

Municipal  assembly  to  grant  franchises..  9—  45 

Leases,  terms,  etc.,  of  84—  826 

Finance  Department: 

Bonds  for  Dock  and  Perry  Dep’t 19—  180 

For  drains  19 — 179 

City:  how  issued  18 — 169 

Deficiency  20 — 185 

In  sums  of  $10.  or  multiple  18—  171 

Issued  by  city  to  take  the  place  of  those 

issued  prior  to  1898  18 — 170 

Municipal  assembly  may  Issue  bonds  for 

specified  improvements  9 — 48 

Registration  of  18—  172 

Shall  be  issued  by  Controller 18 — 169 

•Special  revenue  20 — 188 

Water  supply  ' 52—  509 

Debt;  common  6—  5 

Disposition  of  money  from  certain  as- 
sessments   19—  177 

Expenses  of  city  for  1898  6—  10 

Expense  of  street  paving 20 — 183 

Former  funds  to  be  paid  to  the  city 6 — 9 

Liabilities  of  the  consolidated  corpora- 
tions   5 — 4 

Sinking  Fund  22—  206 

For  payment  of  Interest  22 — 209 

Street  and  Park  openings;  fund  for 18 — 173 

Taxation  6 — 5 

Bureaus  of  department  16—  151 

Fire  Department: 

Chemicals,  storage  regulated  77 — 769 

Chief  of  department  72 — 727 

Clerk  to  sign  warrants  for  Fire  Commis- 
sioner   

Commissioner  13—  105 

Appointment  72—  720 

Buildings  may  be  torn  down  to  prevent 

spread  of  fire  74—  7.34 

Bureaus,  power  to  establish  72—  727 

Deputies,  to  appoint  72—  721 

Explosives,  depot  for  storage  74—  753 

Fire  alarm  telegraph,  location  of 72—  729 

Fire  marshals  72 — 727 

Arrest  of  suspicious  persons  78—  781 

Branch  bureau  in  Brooklyn  and 

Queens  72—  727 

Buildings  may  be  entered  for  exam- 
ination   78—  780 

Commissioner  to  appoint  77 — 779 

May  subpena  witnesses  78—  782 

Salaries  77 — 779 

To  investigate  fires  77—  779 

To  trace  the  cause  of  fires  78 — 781 

Horses,  apparatus,  etc.,  to  provide 72—  725 

Hose  bridges  on  railways,  to  provide..  74 — 749 

Inspector  of  combustibles  72 — 727 

Kerosene  oil,  shall  Issue  license  for 

sale  of  76—  766 

Manager  of  all  property  of  department.  72—  766 

May  enter  buildings  to  examine  them..  77 — 771 

May  order  persons  not  employed  from 

the  vicinity  of  a fire  74—  755 

May  reprimand,  etc.,  an  offending 

member  73 — 739 

May  retire  officers  and  members 79 — 790 

Offices  and  seal  73—  730 


Page.  .Sec. 

Powers  of  72 — 721 

Salary  72 — 720 

Sappers  and  miners,  to  organize  corps 

of  74—  751 

Duty  of  74—  752 

Officers,  salary  74—  751 

Shall  select  subordinates 72—  728 

Suits  and  actions,  may  bring  73 — 731 

Treasurer  of  department 72—  723 

L'niforms  and  badges,  to  provide 73—  733 

Explosives,  criminal  liability  of  death 

results  76—  767 

Fines  and  penalties 77—  773 

Fire  alarm  telegraph 72—  729 

Fire  departments  consolidated 72—  722 

Fires,  extinction  of 74—  748 

Fire  hydrants,  not  to  be  obstructed 74—  7.50 

Firemen  have  right  of  way  in  streets 74—  748 

Fires  not  to  be  kindled  in  streets 74 — 760 

Fireworks,  etc.,  manufacture  and  sale 

of  76—  764 

Gunpowder,  etc.,  depots  for  storage 7.5 — 763 

Gunpowder,  etc,,  sales  regulated 75 — 763 

Hoistways,  iron*  shutters,  etc,,  to  be 

closed  at  night  75 — 761 

Information  from  holders  of  permits 77 — 772 

Members  of  department  cannot  be  ex- 
pelled except  after  a trial 73—  739 

Not  to  hold  office 7,’ 7,32 

Not  to  contribute  to  any  political 

fund  73—  739 

Not  to  Join  political  clubs 73—  739 

Military  and  jury  duty,  exempt  from 73—  736 

Municipal  assembly,  to  regulate  9—  47 

Oaths  of  office  73—  733 

Officers,  grades,  rank,  salaries 73—  740 

Petroleum,  coal  oils,  etc.,  sale  of 76—  765 

Vessels  carrying  75 — 76S 

Places  of  amusement,  lights  must  be 

protected  75 733 

Precautions  against  fire  In 75—  762 

Use  of  aisles  75 732 

Police  dep’t,  to  co-operate  with 74 — 741 

Shavings,  how  to  be  stored  away 74 — 760 

Uniformed  force,  assignment  and  pro- 
motion   73—  740 

Grade,  rank,  salaries  73—  740 

Membership,  qualifications  for 73—  734 

Resignations,  absences  73—  735 

Uniforms,  etc.,  must  not  be  used  by 

a person  not  a member 73—  733 

Vegetables  products,  storage  of 77—  770 

Volunteer  dep’ts  of  Queens  and  Rich- 
mond   72—  722 

Warrants  of  appointment  73—  737 

Foreign  Insurance  Cos. 

.'tccounts  may  be  demanded  by  com- 

missioner  80—  804 

Agents  must  report  place  of  bslness..  80—  805 
Brooklyn,  tax  on  companies  doing 

business  in  81—  809 

Corporations  liable  to  tax 80—  798 

New  York,  tax  on  companies  doing 

business  in  80 — 808 

Rates  of  taxation  so — 799 

Report  of  business 80 — 800 

Richmond,  borough  of 82—  810 

Taxes  on,  in  Brooklyn  81—  809 

Taxes  on,  in  New  York 80 — 808 

Taxes  on,  in  Richmond 82—  810 

Undertaking,  agents  must  execute SO—  801 

Must  be  renewed  SO — 802 

Penalty  for  not  renewing 80—  803 

Violations,  arrest  of  agent 80—  807 

Violations,  suits  for 86 — 806 

Life  insurance  fund  79—  792 

Relief  fund,  all  fines  collected  to  be  ap- 
plied to  78—  789 

Consolidated  department,  included....  79-  791 

How  composed  .....78—  789 

Investment  78—  789 

Officers  78 — 789 

Retired  members  to  receive  pension 

from  7S—  790 

Trustees  of  may  pay  pension  to  widow 
and  children  of  deceased  fireman 79—  791 

Franchises: 

Grants  of  land  under  water It—  83 

Inalienable  rights  of  the  city  to  its 

property  ; 11—  71 

Limits  and  conditions  11 — 73 

Municipal  assembly  to  pass  ordinances 

for  12—  75 

Ordinance  to  be  granted  by 11 — 72 

To  be  published  12—  74 

Patent  for  lands  under  water  by  com- 
missioners of  land  office  32—  86 

Private  rights  protected  12—  85 

Proceedings  prior  to  granting  12—  74 

Property  Inalienable  12—  84 


172 


INDEX  TO  THE  CHARTER  OF  THE  CITY  OP  NEW  YORK. 


Page.  Sec. 

Repealing  provision  12—  88 

To  be  referred  to  board  of  estimate  and 
apportionment  12 — 7-1 

Fuml  for  Streets  and  Parks: 

Damages  to  be  paid  from  IS—  174 


Fund  for  opening  IS — 173 

Replenishment  of  13 — l’^5 


Grading  New  Utrecht  police 

H 


Half  orphan  asylums  115—1,154 

Harbor  masters;  ofhee  abolished  86—  847 

Harlem  river  improvement  ^3 — 620 

Heads  of  departments  to  certify  to  as- 
sessor expenses  34 — 94C 

Uealtli,  Department  of 115—1,167 

Actions  for  violation  of  rules  124 — 1,262 

Appropriations  may  be  transferred  48  461 

Arrests  for  violation  of  rules  124—1,265 

Pestilential  diseases;  boarding  and  lodg- 
ing house  keepers  to  report 123 — 1,25C 

Masters  of  vessels  to  report  123—1,251 

Physicians’  duties  123—1,247 

Physicians’  duties;  report  neglected. . 123— 1,24S 

Police  to  co-operate  with  33 — 31C 

Putrid  cargoes  may  be  destroyed  120  1,21C 

Rags,  hides  and  skins  120—1,207 

Removal  of  dead  bodies;  permits  for. . .120— 1,204 
Salary  must  be  authorized  by;  no  fees 

to  any  officer  119 — 1,195 

Sanitary  code,  penalty  for  violation  — 116—1,172 
Present  regulations  to  remain  in  force. .116— 1,172 

Sanitary  superintendents,  duty  of 118 — 1,183 

Authority,  duty,  powers  116—1,168 

Badges  for  employes  118—1.187 

Borough  offices  to  be  maintained. ....... .118 — 1,181 

Buildings,  may  order  repair  of 116 — 1.171 

Complaint  book  to  be  kept 119 — 1,200 

Dangerous  buildings,  etc 117 — 1,176 

Disease,  proclamation  as  to  spread  of — 121 — 1,220 

To  prevent  spread  of  121 — 1,213 

Vessels  may  be  removed 121—1,221 

Disobedience  of  orders,  penalties 129—1,212 

Drainage,  acquisition  of  rights  in  land.. 121 — 1,216 

Construction  and  taxation 121—1,218 

Maps  and  plans l^l — 1,217 

May  authorize  121—1,215 

Proceedings  to  acquire  lands 121 — 1-217 

Duty  as  to  enforcement  of  law 116—1,169 

Epidemic,  commercial  paper  during 144 — 1,499 

City  clerk  to  designate  place  of  presen- 
tation   144 — 1,501 

May  be  presented  to  city  clerk 144 — 1,502 

Notice  of  protest  may  be  sent  by 

mail  144 — 1,503 

Proclamation  of  subsidence  by  board 

of  health  144 — 1,504 

Examinations  and  surveys,  by  whom 

made  118 — 1,188 

Filling  in  lands 120 — 1,213 

Hospitals,  may  send  persons  sick  with 

contagious  diseases  to 116—1,170 

Hospitals,  may  erect  and  establish 116 — 1,170 

Imminent  peril,  declaration  of ill7 — 1,178 

Markets,  regulation  of  drainage,  etc.,  of. 116 — 1,171 

Nuisances  defined  122 — 1,229 

Defined 126 — 1,287 

Abatement,  claims  for  penalty  may 

be  joined  127 — 1,293 

Injunction  granted  128—1,297 

Judgment,  appeal,  etc 127 — 1,292 

Judgment  for  ' 127 — 1,290 

Judgment  for  appellate  division 127 — 1,294 

Judgment,  execution  128 — 1,296 

Judgment,  lien  of 127 — 1,291 

Judgment,  statement  of  expense 127—1,295 

Suit  for  126 — 1,288 

Trial  cf  suit 127—1,289 

Lessees,  owners,  etc.,  of  property, 

duties  119—1,201 

Offensive  trades  forbidden 120—1,212 

Orders,  how  served 122—1,224 

Execution  may  be  compelled 119—1,198 

Expense  of  executing 119—1,197 

By  whom  exeouted 119 — 1,197 

Officers  and  expenses 118—1,180 

;Pension  fund,  constituted 132—1,332 

Certificate  of  disability  required 132—1,335 

Physician  or  employe  disabled,  may 

participate  132 — 1,333 

Physician  or  employe  dying,  shall  par- 
ticipate   132—1,334 

Pension,  discontinuance  of 133—1,337 

Pension  for  twenty  years’  service 133—1,336 

Trustees  of 132—1,331 

Personation  of  officer 125 — 1,267 

Physicians  for  smallpox  and  diphtheria. il22— 1,225 
Police  department  to  assist  in  enforcing 
law  132—1.324 


Page.  Sec. 


Powers  may  be  delegated 118—1,182 

Proclamations  122 — 1,228 

Proclamation  of  subsidence  of  epidemic. 144 — 1,504 

Proofs  and  affidavits;  how  taken 119—1,189 

Registrar  of  records,  to  appoint 119—1,190 

Duties  118 — 1,179 


Physicians  registered  for  duty  paid  for 


night  service  119—1,191 

Reports  and  statistics  .....117—1,175 

Rules  and  bylaws  117 — 1,174 

Salaries  119 — 1,194 

Sanitary  engineering  service  118—1,186 

Sanitary  inspectors  .T18 — 1,185 

Qualifications  118—1,185 

Seal  117—1,174 

Seal  to  be  recognized  in  the  courts 117 — 1,173 

Suits  and  service  of  papers 119 — 1,192 

Rags,  etc.,  may  prohibit  storage  of.... 120 — 1,207 
Tenement  and  lodging  houses,  cellars, 
etc.,  not  to  be  used  for  living  pur- 
poses   129 — 1,310 

Cellars,  etc.,  not  to  be  used  for  sleep- 
ing rooms  129—1,310 

Certain  occupations  prohibited  129 — 1,312 

Condemnation  of  130—1,315 

Condemnation  proceedings  prescribed. .130 — 1,316 

Construction  131 — 1,320 

Construction  of,  and  space  prescribed 

for  building  ' 130 — 1,318 

Dimensions  of  rooms  131 — 1,319 

General  construction  128—1,304 

Housekeeper  required  131«— 1,321 

Inspection,  etc ; 130 — 1,314 

Name  of  owner ' to  be  registered  in 

health  department 129 — 1,313 

Overcrowding  forbidden  131 — 1,321 

Proceedings  for  condemning  130 — 1,316 

Roofs,  stairs,  fire  escapes  128-1,306- 

Rules;  penalty  for  violating  132—1,322 

Sleeping  rooms;  ventilation  of  128—1,307 

To  be  cleansed  129—1,313 

Transoms,  windows,  doors,  etc 129 — 1,311 

Water  closets,  privies,  sinks 128 — 1,308 

To  condemn  infected  houses  130 — 1,315 

To  gather  and  give  information  re- 
garding disease  116—1,169 

Vaccination  122 — 1,225 

Violation  of  orders  of,  penalty 121 — 1,222 

Yards  and  cellars,  authority  over 120 — 1,214 

Legal  proceedings; 

Action  of  Dept,  presumed  to  be  legal.. 124 — 1,261 

Complaints,  how  made  124 — 1,265 

Costs  against  department 126 — 1,281 

Health  Dept,  as  plaintiff,  etc 124 — 1,259 

Injunction,  when  not  to  be  granted 124—1,260 

Order  for  examination  in  Supreme 

Court  123—1,257 

Trials;  fines  124 — 1,265 

Violations  of  Dept’s  orders 124 — 1,262 

Violations  of  Dept’s  rules;  arrests.. 124 — 1,263 
Violatons  of  Dept’s  rules;  who  may 

make  arrests  124 — 1,264 

Lodging  house  keepers;  violation  of 

rules  125—1,268 

Lymph  and  antitoxine  122 — 1,226 

Magistrates  and  officers  must  act 

promptly  125 — 1,269 

Marriages,  births,  deaths  122 — 1,236 

Record  to  be  kept  by  Health  Dept 123—1,240 

Penalty  for  not  reporting  122—1,239 

Marriages; 

Register  to  be  kept  by  those  solemniz- 
ing   122—1,236 

Masters  of  vessels,  violation  of  rules; 

penalty  for  125—1,268 

Municipal  assembly  to  regulate  9 — 47 

Night  soil  and  offal;  contracts  for  re- 
moval   120 — 1,206 

Removal  of  120—1,205 

Officers  incur  no  personal  liability  in 

discharge  of  duty  119—1,196 

Ordinances,  etc. ; punishment  for  disobe- 
dience   123 — 1,257 

Sanitary  superintendents,  reports;  in- 
spection   118—1,184 

Unsound  articles;  storage  forbidden pO— 1,209 

Health  officer  of  port,  member,  board  of' 

health  115—1,167 

Hempstead; 

Power  of  town  board  designated 119 — 1,589 

Property  held  in  trust  for,  disposition 

of  151—1,590 

Proportion  of  debt  to  be  assumed  by 

city  ■ 101—1,589 

High  and  training  schools  110—1,096 


Higrkways,  Deiiartment  of: 


Commissioner,  appointment  and  term....  63—  523 

Pavements,  permits  to  remove  53—  525 

Pavements  to  be  relaid  53—  525 

Powers  of  all  former  boards  trans- 
ferred   54 — 527 


Page.  Sec. 

Salary  03 — 623 

Street  commissioner,  23d  and  24th 
wards,  office  abolished  53 — 526 

I 

Inferior  courts  of  criminal  jurisdiction.... 136 — 1,390 
Informers  to  be  rewarded  by  police  de- 
partment   33 — 3Q5 

Insane,  temporary  care  87—  671 

Inspectors,  school  HO — 1,097 

J 

Jury  duty,  firemen  exempt  73—  73S 

K 

Kindergarten  UO — 1.0S3 

Kings  county  charges,  how  paid 91—  902 

Pharmacy,  bpard  o£,  aboiished 145 — 1,520 

L 

Lands  under  water  88 — 876 

Grants  of  12 — 83 

Law  Department  28 — 255 

Bureau  for  collection  of  arrears  of  per- 
sonal property  29—  260 

■ B'or  recovery  of  penalties 29—  259 

Claims  to  be  pleaded 29—  261 

Corporation  counsel  13 — 98 

Duties,  salary  28 — 255 

Exhibitions  without  licenses  to  be  en- 
joined   ,143 — 1,470 

Head  of  law  dept ^ — 255 

Main  and  branch  offices 28 — 257 

May  advise  remission  or  reduction  of 

tax  90 — 897 

May  establish  bureaus  in  all  boroughs..  28—  258 

Member  of  board  of  city  record 145 — 1,526 

Opening  streets,  application  for  ap-  , 

■ pointment  of  commissioners 96 — 973 

Power  of  appointment 28—  256 

Proceeding  to  acquire  title  to  land  for 

sewer  dept  57 — 561 

Revision  of  assessments,  member  of 

board  of  94 — 944 

Taxes,  unpaid  personal; 

Register  to  be  kept , 93—  933 

Shall  bring  suit  for 93 — 934 

To  appear  for  city  in  suits  of  comms. 

of  estimate  141 1,447 

To  appoint  all  employes  of  his  bureau..  28—  2tS 

To  preserve  maps  of  improvements .46—  437 

To  protect  interests  of  city,  in  the  ac- 
quisition of  lands 141 1,446 

To  represent  the  city  before  commis- 
sioners and  provide  offices  100 997 

Water  supply,  maps  to  be  filed 50 — 489 

Method  of  acquiring  lands  50_  490 

Pi'oceedings  for  acquiring  land  to  be 

published  50 — 491 

To  take  action  on  report  of  com.  of 

appraisal  Bl—  498 

Issuance  of  execution  29 — 264 

Service  of  process  29—  263 

Supreme  Court  to  have  jurisdiction  of 

actions  against  the  city  29 — 262 

Leases  for  public  purposes  23—  217 

Legalize  and  confirm  taxes  heretofore 
levied  93—  937 

License: 

Auctioneers’,  by  City  Clerk  8—  34 

Auctioneers’,  may  be  revoked  by  presi- 
dent of  council  8—  34 

Coal  freight  scalpers  11—  51 

Emigrant  boarding  houses  37—  347 

Emigrant  passengers;  bookers  of 37—  348 

Fireworks,  etc,,  sale  of 76 — 764 

Gunpowder,  etc.,  sale  of  75 — 763 

Kerosene  oil,  sale  of  76 — 766 

Public  exhibitions  142 — 1,472 

Commutation  of  fee 143—1,474 

Fee  143—1,473 

Public  exhibitions,  fee  to  be  paid  to  Con- 
troller   143 — 1,475 

Penalty  for  neglecting  to  obtain  143-1,473 

Revocation  of  143 — 1,476 

Runners  for  boats  37 — 349 

Secondhand  dealers  11 — 51 

Violation  of  rules,  annuls  144—1,484 

Local  Boards: 

Constituted;  jurisdiction  42 — 391 

Expense  to  be  a lien  on  property  im- 
proved   42 — 402 

General  construction  of  chap.  IX,  title  - 

2 43—  404 

Improvements,  petition  for  42 — 400 

Proceedings  after  petition  42 — 401 


INDEX  TO  THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


173 


Page.  Sec. 

To  be  submitted  to  board  of  public  im- 
provements   42 — 402 

Jurisdiction  42—  391 

Local  improvements;  districts  of 42—  390 

Meetings  of;  quorum  42 — 394 

Powers  and  duties  of  42 — 393 

Power  to  flag  sidewalks,  etc 43 — 403 

Procedure  of  42 — 392 

Secretary  of  42—  394 

Local  courts  133 — 1,343 

Lodgings  for  vagrants  3o — 322 

Long  Island  City,  constables  to  hold  posi- 
tions till  Feb.  1,  1S98  139—1.424 

Justices’  courts  abolished  133 — 1,350 

Police  force  transferred  * 30 — 279 

Long  Island  City  tax  budget,  to  provide.. 

Long  Island  City,  unpaid  taxes  in  

Lymph  and  anti-toxine  122 — 1,226 


M 


Manhattan.  (See  Boroughs.) 

Manhattan  and  Bronx;  school  boards — 106—1,061 

Marriages  1^2 — 1,236 

Ma.yor: 

Application  for  stage  route  must  be  ap- 
proved by  142 — 1, 

Appointments: 

Account,  commissioners  of  14 — 

Assessors,  board  of  94 — 

Bridges,  commissioner  61 — 

Buildings,  commissioner  64 — 

Chamberlain  20 — 

City  magistrates,  for  Brooklyn, 

Queens,  Richmond  137 — 1, 

Civil  service  commissioners  14 — 

Clerks  14 — 

Correction,  department  of  69 — 

Docks,  board  of  82 — 

Fire  commissioner  72 — 

Heads  of  departments* 14- 

Health,  board  of  115—1, 

Highways,  commissioner  of  53 — 

Justices  of  special  sessions  137—1, 

Marshals  139—1, 

Municipal  court,  justices  of  133—1, 

Municipal  statistics,  chief  15— 

Parks,  commissioners  61- 

Parks,  department,  president  61- 

Public  buildings,  etc.,  commissioner..  59- 

Public  charities,  commissioner  66- 

Public  improvements,  board  of  43- 

School  boards  1^^ 

Sewer  department,  commissioner  57- 

Street  cleaning  department,  commis- 


sioner 


54- 


Taxes  and  assessments,  board  of 89- 

Water  supply,  commissioner  48- 

City  Record,  member  of  board  of 145—1, 

Council,  ex-officio  member  of 7— 

Duties  of  

Election  of  

Executive  power  ^ 

Extraordinary  expenditure  of  board  of 

health  to  be  approved  by 117-1, 

Governor  may  remove 14— 

Has  police  power  over  pawnbrokers 14— 

•Magistrate  14- 

May  convene  courts  during  pestilence....  14- 
Member  of  board  of  sinking  fund  com- 
missioners   21- 

Members  of  board  of  education,  may 

remove  199  1, 

Ordinances  and  resolutions,  veto  of 9— 

Power  of  removal 13 

Salary  of  12- 

Special  meetings  of  municipal  assem- 
bly, may  call  , 

Veto  ^ 

Members  of  Greater  New  York  Charter 

Commission  (Portraits)  155 — 

Meters,  gas  and  electric  to  be  tested 59—  575 

Metrolopitan  Museum  of  Art 63—  621 

Military  aid  for  police 33—  308 

Military  duty,  firemen  exempt 73—  73C 

Municipal  Assembly 5 — 4 

Aldermen,  Prest.  of,  assessment  rolls, 

President  to  sign  91—  911 

Heads  of  departments  to  have  seats  in 

the  board  7—  25 

How  constituted  7 — 24 

President  of,  how  elected  and  removed  7—  26 

Quorum  of  7 — 25 

Salary  of  7—  24 

Term  of  office  7 — 24 

Vacancies,  how  filled  7—  24 

Amount  apportioned  for  tax  must  be 

certified  to  28 — 249 

Appropriation  for  street  cleaning 56 — 546 

AsHf^ssment  rolls:  duty  of,  respecting 91—  910 

Meet.,  g to  :eceive  from  board  of  taxOj 

and  assessments  «... 91~  907 


' Page.  Sec. 

Cusfody  of  91 — 909 

To  be  revised  and  corrected  91—  910 

Penalty  for  neglecting  to  revise  92—  912 

Ayes  and  roes  to  be  recorded 8 — 35 

Boundaries,  power  to  change AoO — 1,582 

Budget,  may  reduce  23—  226 

Certain  powers  granted  to 9—  49 

City  clerk  to  keep  a record 8 — 29 

Code  of  ordinances  shall  be  published 

by  11-  57 

College  of  City  of  New  York;  state 
school  appropriation,  shall  apportion..  24 — 230 

Common  jails,  may  designate  11—  52 

Council  7 — 19 

Assessment  roll;  President  to  sign 91 — 911 

City  clerk:  appointment,  term,  duties..  S — 28 

Districts  7—  19 

First  meeting  of  7 — 22 

How  chosen  7 — 19 

Mayor:  ex-officio  member  of  7 — 21 

Number  of  6 — 18 

President  of 6 — 18 

President  of  council  may  revoke  auc- 
tioneer's license > 8 — 34 

President  to  act  as  mayor 7 — 23 

Quorum  of  6 — 18 

Salaries  of  6 — 18 

Temporary  chairman 7 — 23 

Term  of  office  of  7 — 20 

Time  of  meeting  7 — 22 

Driving,  to  regulate  141 — 1,454 

E^xpulsion  of  members  7 — 27 

Ferry  franchises;  may  grant  9 — 45 

Franchises:  power  of  regulating 12 — 87 

Heads  of  departments  to  have  seats  in 

the  board  of  aldermen  7 — 25 

Height  of  buildings,  may  restrict 9 — 43 

■Journal  to  be  kept  by  each  house 8 — 35 

Legislative  power:  where  vested 6 — 17 

Licenses,  may  issue  11 — 51 

May  assess  for  local  improvements 45 — 422 

May  issue  bonds  for  specified  Improve- 
ments   9 — 48 

May  make  appropriation  for  prevention 

of  contagious  disease  27 — 236 

May  not  release  contractors  from  penal- 
ties   45 — 424 

May  order  map  of  city  made  46—  434 

Meetings  to  be  held  monthly  8 — 37 

Members  to  hold  no  other  office 8 — 36 

Municipal  court,  to  provide  place  for 

holding  135 — 1,371 

Ordinances  for  franchises,  may  pass..,  12 — 75 

Ordinances,  style  of 8 — 38 

Park  expenditures  provided  by 63—  617 

Police,  health,  park,  fire  and  building 

departments,  shall  establish 9 — 47 

Power  to  make  or  repeal  ordinances — 9 — 49 

Places  for  holding  courts,  may  assign..  11 — 53,  54 

Powers  general,  not  restrictive 10 — ^ 50 

Restriction  of  powers 43 — 414 

Rules,  journals,  etc.,  of  both  bodies 7 — 27 

’Schools,  taxes  for,  after  1898 — 106 — 1,059 

Shall  fix  salaries,  not  provided  for  other- 
wise   27—  233 

Special  school  fund,  amount  for  each 

board  to  be  designated 106 — 1,060 

Salaries  to  prescribe 11 — 56 

Security  may  be  required  from  certain 

officers  11 — 55 

Sergeant-at-arms,  both  bodies  to  elect..  7 — 27 

Shall  make  no  contract  for  public  im- 
provements   43 — 414 

Special  committees,  may  appoint 9—  44 

Special  meetings  called  by  mayor 8—  37 

Street  railway  franchises*,  may  grant...  9—  45 

To  fix  rents  for  water  supply 48 — 473 

To  assume  all  the  powers  now  exercised 

by  all  the  corporations 9 — 46 

Trustees  of  public  property 11 — 59 

Violations  of  law  by  members  of 11—  60 

Vote  to  pass  ordinances 8—  39 

Waterworks,  may  acquire  additional...  9—  42 

Municipal  court,  created 133 — ti,351 

Municipal  courts,  appeals  from  135—1,367 

Municipal  statistics,  bureau  of 15—  128 

Bureau  of,  now  constituted 15 — 129 

Chief  appointed  by  mayor 15—  130 

Powers  and  duties  of 15 — 136 

Salary  15 — 134 

Commission,  how  constituted  15—  131 

Limitation  of  expense  of  bureau 15—  138 

Meetings  and  quorum 15 — 132 

Place  of  meeting 15—  133 

Powers  and  duty  of  commission 15 — 135 

Statistics,  publication  of 15 — 137 


N 

New  York,  City  of  : 

Alteration  of  rates  of  revenue  prohibited  23 — 216  f 
•Bonded  indebtedness 18—  iC9  * 


Page.  Sec. 

Bonds,  how  issued 18—  169 

Bonds  issued  to  take  the  place  of  those 

issued  in  1898  IS—  170 

Botanical  garden  63 — 625 

City  court  133—1,345 

Consolidated  stock  23 — 213 

Corporations  consolidated  .5—  I 

Counties  not  to  become  indebted 6 — 8 

Debt,  common  6 — 5 

Debt,  creation  of  6 — 7 

Debts,  creation  and  payment  of C—  5 

Division  into  boroughs  5 — 2 

Effect  where  but  a part  of  a corporation 

is  annexed 0—  6 

Election  expenses  a charge  upon 40 — 367 

Execution  against  29 — 264 

Expenses  for  1898  C — tO 

Expenses  of  public  schools  for  1898 6 — 11 

Former  funds  to  be  paid  to  the  city 6 — 9 

Liability  of  consolidated  corporations 5—  4 

Local  government  5 — 4 

Map  or  plan  of 45 — 432 

Municipal  assembly  5—  4 

Municipal  court  133 — 1,350 

Municipal  court,  actions  in 135 — 1,370 

Justices  133 — 1,352 

Name  of  corporation  5 — 3 

Parks,  title  of,  vested  in 61 — 608 

Pharmacy,  board  of,  abolished 145 — 1,520 

Police  force  transferred  29 — 277 

Powers  and  rights  of  5—  3 

Property,  transfer  of  6 — 8 

Public  buildings  not  in  use  may  be  sold.  12 — 76 

Public  library  63—  623 

Seal  of  5 — 3 

Service  of  process  on  29 — 263 

Sinking  fund  cf  22—  206 

Taxation  5 — 5 

Territory  5—  1 

Water  sinking  fund  22 — 208 

Nonpayment  of  taxes,  imprisonment  for 
abolished  154 — 

O 

Ordinance: 

Franchises  to  be  granted  by 11—  72 

How  passed  S — 30 

Mayor's  veto S — 40 

Must  originate  in  department  concerned.  9—  47 

Present  to  remain  in  force 9 — 41 

Style  of  8 — 38 

Secondhand  dealers;  penalty  for  vio- 
lating   11 — 51 

Vote  required  to  pass  8—  39 


P 

Papers  now  filed  with  town  clerk,  dispo- 


sition of  119 — 1,555 

Parks,  Department  of: 

Art  Commission,  how  constituted 64—  633 

How  chosen,  etc 64 — 634 

Officers  64 — 635 

Officers  and  expenses 64 — 636 

Works  of  art  to  be  approved 64—  637 

Works  of  art;  removal  of 64 — 639 

Works  of  art;  time  for  decision  lim- 
ited   — 558 

Administrative  jurisdiction  61—  . 607 

Bronx: 

N.  Y.  botanical  garden:  commissioner 

to  have  charge  of 63 — 626 

N.  Y.  Zoological  garden:  commission- 
ers to  have  charge  of 63—  626 

Brooklyn  and  Queens: 

Brooklyn  Institute  of  Arts  and  Sci- 
ences, commissioners  to  have  charge 

of  63—  624 

Commissioners  appointed  61—  607 

Buildings  in  parks  maintained  by 62—  613 

Detailed  accounts  to  be  kept 63 — 617 

Expenditures  63—  617 

Itemized  estimates  prepared 63—  617 

Landscape  architect;  duties 62 — 611 

Management:  .general  powers 62—  612 

May  appoint  necessary  officers 62—  614 

May  grant  permits  for  military  parades, 

etc  51 — 527 

May  permit  fire  apparatus  to  be  placed 

in  parks  62 — 615 

Powers  under  former  acts 62 — 616 

Salaries  61 — 607 

Supplies,  advertised  for 63 — CIS 

Shall  make  rules  and  regulation  for, 

violations  to  be  punished 62 — 610 

Details  from  police  force 34 — 313 

Manhattan  and  Richmond,  American 
Museum  of  Natural  History;  commis- 
sioners have  charge  of 63 — 622 

Battery  place;  boat  landings;  commis- 
sioners from,  have  charge  of 63 — 019 


1T4 


INDEX  TO  THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


Page.  Sec. 

Harlem  river  improvement;  commis- 


sioners have  charge  of 63 — 620 

Metropolitan  Museum  of  Art;  commis- 
sioners have  charge  of 63 — 621 

New  York  public  library,  commissioners 

have  charge  of 63—  623 

Officers  in  each  borough 61 — 607 

Park  board,  composed  of  three  members  61—  607 
Park  department,  municipal  assembly 

to  regulate  9 — 37 

Parks,  military  parades  prohibited 64 — 627 

Parks,  etc.,  title  vested  in  city  of  New 

Y’ork  61 — 608 

President,  appointed  by  mayor 61 — 607 

Real  and  personal  property,  gifts  of 61—  609 

Salaries  61 — 607 

Supplies,  advertisement  for 63 — 618 

Patented  articles,  how  supplied 149 — il,554 

Patronage  of  the  Mayor  (Table) 156 — 

Pawnbrokers’  books  may  be  examined  by 

police  V — 317 

Pensions,  fire  department 79—  790 

Pension  may  be  paid  to  widow,  etc.,  of 

deceased  fireman  79 — 317 

Pension  fund,  health  department 132 — 1,331 

Pension  fund,  police  department 39 — 355 

Personal  property,  assessed  valuation 89 — 894 

Personal  property,  assessed  value  of 89 — 894 

Personal  taxes  unpaid,  collected  by  dis- 
tress and  sale 93—  926 

Costs  to  be  added 93 — 927 

Enforcing  payment  of 93 — 929 

Proceedings  may  be  dismissed  by  court.  93 — 934 

Sale  to  be  advertised 93 — 928 

Surplus  93—  929 

Pestilential  disease,  duty  of  board  of 

health  121—1,219 

Physicians’  duties  123—1,247 

Petroleum,  coal  oil,  etc.,  sale  of 76 — 765 

Vessels  carrying  76—  768 

Pliarinacists: 

Pharmacy,  board  of.  constituted 145-1,513 

Fraudulent  registration  143 — ^1,518 

Graduates  defined  145 — 1,512 

Must  be  registered 144—1,510 

Patent  medicines  and  adulterations 145-1,515 

Penalties  to  be  paid  to  college  of 14.5—1,519 

Poisons,  selling  of 145 — 1,516 

Present  boards  abolished 145—1,620 

Qualifications  144—1,511 

Responsible  for  drugs  sold 145—1,513 

Wholesale  dealers  145—1,517 

Physicians,  Registeredi 

At  police  precincts 35—  325 

Compensation  of  35 — 326 

Hours  of  service 36 — 330 

Nearest  to  attend 36 — 328 

Penalty  for  refusal  to  attend  when 

called  36 — 328 

To  report  to  health  department 35—  327 

Piers,  slips,  wharfage '. 85 — 844 

Places  of  amusement,  aisles  must  be 

clear  75 — 762 

Fire  alarm  in 75—  762 

Lights  to  be  protected 75—  762 

Plans  for  water  fronts  in  consolidated 

city  32- — 819 

Poisons,  retailing,  regulated 145—1,506 

Police  Department; 

Police  board  13 — 99 

Accommodation  for  detention  of  wit- 
nesses   33 — 321 

Accused  to  be  taken  before  magistrate..  36—  338 

All  powers  and  authority  of  former 

boards  transferred  29—  274 

All  police  property  to  be  vested  in  city 

of  New  York 29—  275 

Arrests  for  violating  health  laws 34—  311 

Arrests  without  warrants 36 — 337 

Authority  of  29—  271 

Authority  over  transferred  members  of 

force  30 — 281 

Brooklyn  force  transferred 30 — 278 

Police,  chief  of. 

Appointments  30 — 286 

Absence  or  disability  of 31 — 293 

Duties  and  powers 31 — 292 

Commissioners  29—  270 

Have  full  authority 30 — 281 

May  impose  fines 32—  302 

May  issue  subpenas 32—  301 

May  punish  members 32 — 302 

Powers  of  29 — 271 

Salaries  29—  270 

To  make  all  rules  for 29 — 272 

Civil  service  commissioners  shall  exam- 
ine all  applicants  for 33—  304 

Criminal  process,  to  be  served  only  by 

members  of  force  37 — 340 

Details  to  bridge  department 34 — 314  I 


Page.  Sec. 


Health  department  34-  312 

To  park  department  34—  313 

Detectives,  central  bureau  of 31 — 290 

Dismissals  from  force  32 — 300 

District  telegraph  companies,  patrolmen 

for  38 — 350 

Duties  and  salaries  of  former  employes  30 — 282 

Duties  of 34—  315 

Elections,  bureau  of  40 — 359 

Establish  mounted  patrol 35 — 324 

Exempt  from  military  and  jury  duty....  37 — 341 

Fire  department,  to  co-operate  with 74—  741 

Fix  limits  of  precincts 35—  320 

Force,  increase  of  30 — 289 

General  offices,  first  appointments 30 — 287 

Has  authority  over  former  employes 30—  282 

Headquarters  35 — 320 

Health  department  to  co-operate  with..  33—  310 

Informers  to  be  rewarded 33 — 305 

Licenses.  (See  Licenses.) 

Lodgings  for  vagrants  35—  322 

Long  Island  City  force  transferred 30 — 279 

Matrons,  their  duties 41 — 376 

Matrons,  their  salaries  41 — 379 

Matrons  and  pension  fund  41 — 380 

Matrons,  Laws  of  1892  inapplicable....  41 — 381 

May  sell  old  property 35—  324 

May  use  boats  35-  324 

Members  may  accept  a reward 33—  306 

Medical  attendance,  application  for 35—  325 

Members  to  take  oath  of  office 30 — 285 

Military  assistance  33 — 308 

Minutes  of  board  may  be  used  as  evi- 
dence   31—  298 

Municipal  assembly  to  regulate 9—  47 

Names  of  applicants  to  be  published 30 — 284 

New  York  force  transferred 29 — 277 

Officers  of  the  courts 33—  309 

Operate  telegraph  and  telephones 35—  323 

Pawnbrokers’  books  to  be  examined 34 — 317 

Personating  police,  penalty  for 37—  339 

Physicians,  registered  35—  325 

List  to  be  posted  37—  329 

Nearest  to  be  called 36 — 328 

Police  force,  its  composition  29—  276 

Policemen  at  polls  33 — 307 

Police  officers  may  administer  oaths 32—  301 

Police  pension  fund,  all  moneys  to  be 

deposited  with  treasurer 38—  352 

Certificate  of  disability 40 — 357 

Amount  and  duration 39—  355 

Claims,  false  swearing  38—  352 

Classified  39—  354 

Department  may  regulate  40 — 357 

Details  of  38—  353 

Equalized  39—  366 

Exempt  from  execution  and  process..  38—  352 

Termination  of  pension  to  widows  and 

children  39—  356 

Police  board,  trustees  of  38—  351 

When  terminate  39—  356 

Who  are  entitled  to 39—  355 

Widows  and  children  39—  355 

Political  contributions  forbidden  33 — 306 

Power  to  appoint  and  remove  30 — 283 

Powers  over  certain  trades  34—  316 

Present  boards  abolished  29 — 273 

President,  member  board  of  health 115—1,167 

Promotion  of  members  3O—  288 

Property  clerk,  duties  of  36—  331 

(See  Property  Clerk.) 

Public  exhibitions,  licenses  for  37—  346 

Public  exhibitions,  to  arrest  offenders. .143— 1,478 

Qualifications  of  members 30—  ^84 

Rank  of  transferred  members 30—  281 

Resignations,  etc  33 — 303 

Returns  of  arrests  36 — 338 

Richmond  county  force  transferred 30 — 280 

Rules  for  governing  the  force 32—  300 

Salaries  and  fines  30 — 283 

See  also  31—  299 

Sections  681—585,  police  regulations  60 — 585 

Shall  make  rules  for  the  use  of  navigable 

waters  within  city  limits 35—  319 

Shall  provide  station  houses,  etc 35—  320 

Special  patrolmen,  when  appointed 33—  308 

Steam  boilers,  inspection  of 37—  342 

(See  Steam  Boilers.) 

Stolen  property  36—  331 

Surgeons,  duties  and  districts  42 — 294 

To  assist  board  of  health 119—1,202 

To  detail  officers  to  health  department..  132 — 1,324 

To  hold  no  other  office 31—  291 

To  issue  warrant  of  appointment 30—  285 

To  suppress  gambling  houses  and  lot- 
teries   34—  318 

Treasurer,  duties,  bond  31—  296 

Treasurer  to  appoint  deputy 51 — 290 

Treasurer,  to  pay  all  obligations........  fil—  £37 

Vagrants,  lodging  for  35—  322 

Women,  accommodations  for  41 — 377 


AVoman  is  arrested,  proceedings  where..  41 — 37.8 


Page.  Sec. 


Police  justices  abolished  137—1,393 

Political  clubs,  firemen  must  not  join 73 — 739 

Political  contributions  by  police  forbidden.  83—  306 
Political  fund,  firemen  must  not  con- 
tribute to  73—  739 

Port  of  New  York,  waters  Included  In.,..  88—  864 

Potter’s  Field  67—  673 

Printing  and  stationery  to  be  supplied  by 

contract 146—1,628 

Processions  and  parades  142—1,457 

“Property’’  and  “wharf  property”  defined  85—  833 
Property  clerk,  appointment  and  duties — . 36 — 331 

Property  claimed  by  another  person 86—  333 

Return  of  property  to  accused  person 36—  332 

Stolen  property  to  be  used  as  evidence..  36 — 336 
Unclaimed  property  to  be  advertised  and 

sold , 36—334,  336 

Public  administrator.  New  York  county.. ..150— 1,686 

Public  exhibitions  to  be  licensed ..142 — 1,472 

Public  markets  and  wharves,  erection  of.  85 — 835 
Public  schools  and  management  of 105 — 1,055 


Public  Bnlldins'8,  Department  of: 


Commissioner,  appointment  69 — 572 

Contracts  may  be  made  for  lighting 

each  borough  separately  60—  68T 

Electrical  conductors,  underground  60—  683 

Electrical  conductors  placed  under- 
ground, mode  of  procedure  60—  583 

Electrical  conductors,  to  grant  permits 

for  extending  60 — 683 

Electric  wires,  removal  of 60 — 681 

Electric  wires,  submit  ordinance  for 69—  579 

Electric  wires  to  be  inspected;  penalty 

for  violation  of  rules  59 — 580 

Illuminating  gas,  tests  of  59 — 578 

Jurisdiction  59 — 573 

Maps,  etc.,  of  former  boards  to  be 

turned  over  to  60 — 588 

Meters,  gas  and  electric,  to  be  tested..  69—  675 

Permit  to  take  up  pavement  60—  584 

Salary  59—  572 

Consulting  engineer;  duties  59—  674 

Former  law's  repealed  59 — 676 

Inspector  of  electric  wiring;  qualifica- 

tloas  69—  580 

Officers  and  employes  must  have  no  in- 
terest in  manufacture  of  gas,  etc 59 — 577 

Powers  of  former  boards  transferred 60—  588 


Public  Charities,  Department  of.  13—  103 

Abandonment,  etc.;  action  on  bonds....  69 — 687 

Abandonment,  etc.;  appeals,  costs  69 — '689 

Abandonment,  etc. ; commitment,  surety  68—  686 
.Abandoned  wives  and  children,  main- 
tenance of  68—  685 

Accident  cases;  temporary  care  67 — 670 

Almshouse  inmates;  hours  of  labor,  dis- 
cipline   68—  682 

Articles  manufactured,  etc !...  68—  681 

Commissioners;  g.ppointed,  jurisdiction..  66 — 658 

Accounts  to  be  kept  67—  674 

Bastardy  proceedings;  conduct  of 68—  684 

Bellevue  hospital;  non-residents  may  be 

admitted  68—  678 

Blind,  expenditure  for  relief  of 68—  676 

Buildings,  repair  of  67 — 672 

Children  as  public  charges  67 — 666 

Children;  to  be  notified  of  commit- 
ment of  67—  665 

Term  of  commitment,  discharge  67—  667 

Correctional  institutions,  inmates  de- 
tailed to  work  68—  677 

Destitute  children,  powers  as  to 67—  664 

Expenditure  not  to  exceed  appropria- 
tions   67—  674 

Insane,  temporary  care  67—  671 

Itemized  estimates  prepared  67—  674 

Kings  County  hospital;  non-residents 

may  be  admitted  67—  678 

May  compel  support  of  poor  persons  by 

relatives  68—  683 

Potter’s  Field,  to  have  charge  of — ...  67—  673 

Powers  as  to  destitute  persons,  etc....  66 — 662 

Private  institutions,  payments  to 66 — 661 

Public  institutions;  classification  and 

instruction  of  inmates  67—  663 

Record  of  Inmates  67—  669 

Under  jurisdiction  66 — 660 

Rules  and  regulations  66—  659 

Salary  66—  658 

Subordinate  officers  66—  659 

Requisitions  68—  679 

Reports  68 — 680 

Supplies  to  be  advertised  for 68—  675 

Pnblic  Improvement,  Board  of: 

Constitution  of  13 — 300 

How  sonstitutsd  43—  410 

Ordinances  for  publlo  work  to  be  sttp- 

mitted  to  municipal  assembly 44—  417 

.All  proposals  to  be  advertised 44 — 420 


INDEX  TO  THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


175 


Page.  Sec. 


All  eewers  in  accordance  with  general 

plan  46 — 440 

Authorize  sewer  department  to  acquire 

land  57 — 561 

Bonds  for  street  cleaning  department. 

may  authorize  56—  646 

Certificate  of  completion  of  work  to  be 

filed  with  controller  44 — 421 

Contracts  for  work  and  supplies  44 — 419 

Deposit  to  accompany  all  bids  tor  sup- 
plies and  contracts  47 — 420 

Detail  employes  to  aid  president  47—  441 

Drainage  and  sewers  46—  43S 

Drainage  plan  to  be  filed 46—  439 

Drainage,  raising  of  grade  tor  46—  441 

Electric  wires,  may  require  the  removal 

of,  overhead  60—  581 

Estimate  of  alt  work  must  be  made  43 — 413 

General  powers  of  45 — 426 

Grants  to  fire  department  43 — 425 

Maps  to  be  filed  46—  437 

May  assess  tor  local  Improvements 45—  422 

May  change  map  and  grades  46—  436 

May  order  map  of  city  made  46—  434 

No  work  to  be  performed  until  duly  au- 
thorized   43 — 413 

Office  to  be  provided  by  municipal  as- 
sembly   43 — 412 

■Opening  of  streets,  etc.,  shall  direct 96—  970 

Powers  on  certain  subjects  43 — 415 

Powers  to  prepare  ordinances  on  cer- 
tain subjects  44—  416 

President,  appointed  by  the  mayor 43—  411 

President  may  have  aid-  of  an  employe..  47—  441 

Powers,  salary  43—  411 

Member  of  board  of  revision  of  assess- 
ments   94—  941 


To  appoint  surveyor  46—  443 

To  have  map  of  city  prepared  45 — 433 

To  mark  boundaries,  make  surveys 46 — 442 

Removal  of  buildings  96—  971 

Secretary,  appointed  by  president  43—  412 

Shall  authorize  public  improvements 43—  413 

Street  opening,  legal  proceedings  for 

may  be  discontinued  100—1,090 

To  approve  a4i  streets  and  public 

places  148—1,540 

To  perform  the  work  recommended  by 

local  boards  42 — 402 

To  prepare  rules  for  Improvements 44—  413 


Q 

Qneena  fonntyi 

Charges,  how  paid  91—  902 

Municipal  court,  additional  justices 133—1.352 

County  charges  of,  to  be  borne  by  city.. 151— 1,593 
Kerosene,  license  to  sell,  granted  with- 
out the  fee  76—  766 

No  tax  to  be  levied  on  the  part  in- 
cluded In  city  151—1,592 

Proportion  of  funds  returnable  to,  how 

determined  151—1,591 

Proportion  of  debt  assumed  by  city 150—1,588 

School  moneys  to  be  apportioned  by 

state  controller  152—1,596 

Queens.  See  boroughs. 

School  board  106—1,061 

Supervisors,  certain  powers  granted 150—1,588 

Towns  abolished  150—1,581 

Volunteer  fire  department  72—  722 

R 

Recreation,  piers  set  apart  for 85—  837 

Refuse  not  to  be  dumped  into  waters  of 

the  port  88—  880 

Belief  fund,  fire  department 73—  789 

Retiring  members,  fire  department 79 — 790 

Retirement  fund,  teachers'  ; 109—1,083 

Review  of  the  Charter  by  Hon.  William 
C.  De  Witt  158— 

Richmond  Cenntyi 

Charges,  how  paid  91—  902 

County  treasurer,  office  abolished 150—1,587 

Kerosene,  license  to  sell,  granted  with- 
out the  fee  76—  766 

Municipal  court,  additional  justices 133—1,352 

Police  force  transferred 30—  280 

School  boards  106—1,061 

See  boroughs. 

Towns  and  villages  abolished 150—1,579 

Volunteer  Are  department  72 — 722 

Klker’s  and  Hart’s  Islands 69—  696 

s 

Salaries:  ^ 

Aldermen,  board  of  7—  24 

Assesaors,  board  of  94—  943 

Borough  president  41—  3S2 

Bridge®  comralgBlcnex  of  department 61—  594  I 


Fage.  Sec. 

Buildings,  commissioners  of 64—  614 

Bureau  of  statistics,  chief  of 15—  131 

Chamberlain  21 — 1% 

City  clerk  S—  33 

City  magistrates,  first  division 137—1  392 

City  magistrates,  second  division 137—1,395 

Controller  15 — 149 

Corporation  counsel  28—  255 

Correction,  department  of,  Commissioner  69—  694 

Council  6 — 18 

County  officers;  how  met 130—1,583 

Court  of  Special  Sessions;  clerks 137 — 1,404 

Docks,  board  of S2 — 816 

Docks,  board  of,  pres 82 — 816 

Election  bureau;  officers  of 40—  362 

Fire  commissioner  72 — 720 

Fire  department: 

Inspector  of  combustibles 72—  727 

Marshal,  Brooklyn,  etc 77 — 779 

Marshal,  Manhattan,  etc 77 — 779 

Sappers  and  miners,  officer  of 74 — 751 

Uniformed  force  73—  740 

Health,  board  of. 

Chief  clerk  119-1,194 

Commissioners  119-1,194 

President  119— 1. 194 

Registrar  of  records,  and  assistants  — 119 — 1,194 

Sanitary  superintendent,  assistants 119 — 1,194 

Secretary  119 — 1,194 

Highway,  commissioner  of 53 — 523 

iMayor  12 — 94 

Municipal  assembly  to  prescribe 11  56 

Municipal  court. 

Clerks  and  assistants 135—1,373 

Justices  of  133 — 1.35,5 

Parks,  commissioners  of  61—  607 

Police. 

Commissioners  29 — 270 

Officers  and  members  of 31 — 299 

Public  building,  lighting,  etc.,  commis- 
sioner of  59—  572 

Public  improvements,  president  of  board.  43—  411 

Sewer  department  commissioner 57 — 555 

Street  cleaning  department 54 — 533 

Clerical  and  uniformed  force 54 — 536 

Commissioner  54—  533 

Taxes,  commissioner  of 89 — SS5 

Deputies  89 — 837 

Water  supply,  appraisal  commissioners..  52—  508 

Commissioner  of  48 — 468 

Warrants,  when  not  to  be  paid 15—  126 

Sectarianism  and  dogmatic  books  excluded 
from  schools  11.5—1,151 


Sectarian  schools;  no  money*  to  be  paid  to. 149 — 1.552 


Sewers,  Department  of: 

Canals  into  w’hich  sewers  flow  must  be 

dredged  57 — 538 

Commissioner. 

Appointment  57 — 555 

Jurisdiction,  duties  57—  556 

Land  for  sewers,  authority  to  be 
given  by  board  of  public  Improve- 
ments   57 — 561 

Private  sewers  may  be  constructed; 

procedure  f 57 — 560 

Proposals  and  contracts  57—  562 

Salary  57 — 555 

Temporary  sewers  may  be  built 57 — 559 

To  purchase  supplies  57 — 563 

Twenty-third  and  Twenty-fourth 

wards;  powers  transferred 57 — 565 

Injury  to  sewers,  penalty  for 57—  564 

Land  for  sewers,  payment  of 57—  561 

Overflow  sewers  may  be  constructed 57—  557 

May  be  discharged  into  Gowanus 

Canal  and  other  waters 57—  557 

Powers  of  all  former  boards  transferred  58—  566 

Temporary  sewers,  payment  for 57—  559 

Sinking*  Fund: 

Annual  provision,  to  meet  the  payment 

of  certain  bonds,  etc 24—  229 

Certain  bonds  and  stock  set  aside 22 — 206 

City  of  New  York;  of 22 — 206 

Commissioners;  how  constituted  21—  204 

Have  power  over  certain  assessments..  23—  215 

May  call  in  bonded  debt 23—  213 

May  cede  to  United  States  certain 

lands  23—  218 

Must  give  notice  when  obligations 

cannot  be  met  24—  228 

Powers  21—  205 

Commissioners  to  pass  upon  all  leases..  23—  217 

Consolidated  stock  a lien  on  the  sink- 
ing fund  23—  213 

Continued  for  redemption  purposes 22 — 207 

For  commissioners’  duties  on  docks, 

etc.,  see  chap.  16 • 2.3 — 219 

For  payment  of  interest 22 — 209 

Moneys  received  for  local  improvements  22—  210 

Not  to  be  alienated  or  impaired 23—  212 


Page.  Sec, 

Preferred  bonds,  etc  , to  be  paid  from..  23 — 214 


Required  by  constitution 22—  208 

Revenues  pledged  to  redeem  city  debt..  23 — 2dl 

Sale  of  public  land  at  auction 23—  220 

Water  of  City  of  New  York 22—  208 

Special  sessions,  court  of 137—1,401 


Steam  Boiler8,  engineers  must  have 


certificate  .37 — 343 

Inspection  of  37 — 342 

Operators  must  have  certificate 37—  342 

Over  pressure  forbidden 37—  345 

Owner'.s  neglect  to  report  for  inspec- 
tion   37—  345 

Records  of  inspection  must  be  kept...  37 — ji4 


Street  Cleaning'  Department,  how 


constituted  54 — 533 

Clerical  and  uniformed  force 54 — 533 

Clerical  and  uniformed  force,  removals.  54 — 537 

Commissioner,  appointment,  term 54 — 533 

Contracts,  special,  for  removing  ashes, 

etc 55 — 544 

Contracts  to  be  let  to  lowest  bidder..  55 — 541 
Contracts  to  provide  for  removal  of 

ashes,  etc 55 — 549 

Encumbrances  on  streets,  removal 

regulated  L 56—  543 

Encumbrances  on  streets,  sales  of 56—  545 

Expense  for  street  cleaning  limited...  56 — 54S 

Jurisdiction  54 — 534 

Power  to  obtain  plant,  etc 55 — 541 

Salary  54 — 533 

Snow  and  ice  may  be  dumped  from 

piers  88—  878 

To  divide  streets  into  districts  and 

make  allotment  of  sweepers 55—  539 

Uniformed  force,  badges,  etc.,  for 55—  543 

Street  cleaning,  garbage,  etc.,  con- 
tracts for  disposition  of 55 — 541 

Members  of,  not  liable  to  military  or 

jury  duty  55—  539 

Powers  of  former  boards  transferred..  56 — 547 

Salaries  54—  533 

Streets  divided  into  districts 55 — 539 

street,  definition  of  142—1,466 

Streets: 


Injured  person  may  recover  damages  by 


suit  141—1,453 

Informer  relieved  of  penalty  for  ma- 
licious offenses  142—1,465 

Law  of  the  road  141—1,455 

Municipal  assembly  to  regulate  driving.  .141 — 1,454 

Processions  and  parades  142—1.457 

Rubbish  not  to  be  thrown  into 141 — 1.456 


Stage  route  franchises  to  be  disposed  of 


as  other  franchises'  142 — 1,460 

Stages  and  omnibuses  142 — 1,45S 

Stages  and  omnibuses,  consent  of  prop- 
erty owners  necessary  for  franchise. .142— 1,458 
Stages  and  omnibuses,  mayor  must  ap- 
prove   142—1,459 

Stages  must  be  run  in  conformity  with 

this  act  142—1,461 

Street  lamps,  breaking  142—1,462 

Offender  to  be  detained  142—1,463 

Streets  and  public  places,  dedication  of . .148— 1,540 
Street  railways,  municipal  assembly  may 

grant  franchises  for  9—  45 

Sunday  exhibitions  forbidden  143—1,481 

Supervisors,  transfer  of  powers 160 — 1,586 


T 

Taxation: 

Amount  to  be  raised  to  be  published  by 


controller 28—  247 

Bills  for,  to  show  arrears  103—1,026 

Bonds  may  be  issued  for  state  taxes 20—  186 

Churches,  etc,,  exempt  91—  904 

Deficiencies,  limits,  levies  28—  248 

Exemptions,  existing  and  valid  91—  905 

For  schools  after  1898  106—1,059 

Where  taxes,  etc.,  are  payable 17—  157 

Taxes  and  Assessments,  Depart- 
ment of  89—  884 

How  composed  89—  885 

Meaning  of  91—  90S 

Tax,  may  remit  or  reduce  90—  897 

Commissioners  89—  885 

Commissioners’  deputies: 

Appointed  gg—  ggy 

Apportioned  among  boroughs  89—  888 

Duties  in  assessing  taxable  property.  89 — 889 

Duties,  term,  salary  89—  887 

Make  up  amount  of  assessed  valuation 

in  boroughs  go—  899 

Corporations,  record  of  assessed  valua- 
tion of  real  and  personal  property 90 — 893 

Corporaticne,  tax  for;  how  collected 92—  921 

Final  determination  to  be  reviewed  by 
certiorari  9i_  905 


17G 


INDEX  TO  THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


Page.  Sec. 


Offices  in.  all  boroughs  89—  890 

Permits  for  buildings:  copies  to  be  sent 

to  department  91 — 903 

Personal  property,  atssessed  valuation: 

how  and  where  kept  89—  S94 

Powers  of  former  boards  transferred 89—  S86 

President:  how  appointed:  salary 89—  885 

Record  of  assessed  valuations  in  each 

borough  to  be  made  annually  89—  892 

What  it  shall  contain  89 — 892 

When  open  for  inspection  89 — 892 

Revision  and  cancellation  of  assessment 

in  boroughs  90 — 898 

Salary  89 — 885 

Surveyor  appointed  by  89 — 891 

Taxes? 

Controller  to  soibmlt  amount  to  be  raised 

to  municipal  assembly  91 — 902 

County  charges:  how  to  be  paid  91 — 902 

Collected  during  1897  to  be  deposited 

with  controller,  Jan.  1,  1898  93 — 937 

Daily  statement  to  be  made  to  chamber- 

lain  92 — 922 

For  1897-1898  91—  901 

Interest  on  unpaid  92 — 916 

On  corporations:  how  collected  92 — 921 

Rebate  92 — 915 

Taxes,  Receiver  of: 

Arrears  of  taxes  to  be  sent  to  collector 

of  arrears  102 — 1,023 

Controller  to  appoint  deputy  in  case  of 

absence  92 — 925 

Taxes:  daily  statement  sent  to  cham- 
berlain   92 — 922 

Taxes:  how  amount  shall  be  kept  .....  92 — 923 

Report  to  chamberlain:  penalty  for 

neglect  92—  924 

Taxes  unpaid  Dec.  1,  notice  of  to  be 

published  92 — 919 

Taxes  unpaid  November  1,  after  war- 
rants have  been  delivered  92 — 918 

To  give  public  notice  where  taxes  are 

payable  92—  914 

Taxes,  unpaid  personal,  collected  by 

distress  and  sale  93 — 926 

Costs  to  be  added  93 — 927 

Sale  to  be  advertised  93 — 928 

When  suit  may  be  brought  93 — 936 

Taxes,  undivided  part  of,  how  paid 92 — 920 


Taxes,  Unpaid  Personal,  corpora- 


tion counsel  to  sue  for 93—  933 

Enforcing  payment  of 93 — 930 

May  be  dismissed  by  court 93—  934 

Order  to  prosecute 93—  931 

Sent  to  corporation  counsel 93 — 932 

Surplus  after  sale  93 — 929 


Taxes,  where  doe  and  payable..  92 — 913 

Adjoining  lots  of  an  owner  advertised  as 

a single  parcel 103 — 1,028 

Affidavits  of  publication  of  notices 

preserved  103 — 1,054 

Sales,  complete  record  must  be  kept.  .103— 1,053 
Collector,  searches,  fees  to  be  added  to 

arrears  105—1,052 

Taxes  and  assessments,  bill  to  be  fur- 
nished   105—1,051 

Proceeding  for  sales  of  lands 103—1,027 

Property  purchased  by  municipalities 

transferred  to  consolidated  city 103—1,033 

Collector  of,  to  conduct  sales 103—1,030 

Sale  canceled  103—1,030 

Sale,  certificate  of  103—1,030 

Sale  for,  collector  may  bid  in  property 

for  city  103—1,031 

Sale  for,  collector  must  assign  prop- 
erty to  city  103—1,032 

Sale  mortgagees  to  be  notified 104—1,0,36 

Sale,  notification  of,  to  mortgagees 104—1,037 

Sale,  notification,  etc.,  affidavit  of 

service  104—1,038 

Sales  postponed  103—1,029 

Sales  of  lands  to  city;  redemption  of. 104— 1,034 
Unclaimed  lands,  city  to  take  posses- 
sion   104—1,0.35 

Assessments;  application  for  correction.  90—  895 

Apportionment  of  102 1,021 

Confirmation  of  to  be  published  by  con- 
troller   101—1,005 


Page.  Sec. 

Deepening  water  at  docks 95 — 954 

For  local  Improvements 94 — 942 

For  repaving;  when  forbidden 94 — 948 

Interest  added  for  non  payment 101 — 1,006 

Interest  llm.ited  to  excess  over  benefit. .101— 1,007 

Interest  to  be  charged  on  unpaid 102 — 1,019 

Meaning  of  94—  942 

To  be  equal  101—1,003 

To  be  liens  101—1,004 

Assessment  rolls,  arrears  to  be  entered.  ..103— 1,025 

Bills  for  to  show  arrears 103 — 1,026 

To  be  delivered  to  Municipal  Assembly..  91 — 907 
To  remain  in  custody  of  Municipal  As- 
sembly   91—  909 

Water  rents  to  be  entered 102 — 1,024 

When  corrected  to  be  given  to  re- 
ceiver of  taxes  91—  911 

Assessments,  when  increased  or  di- 
minished   90—  896 

Assessments,  vacating  95—  962 

Claims  may  be  embraced  In  one  pro- 
ceeding   95—  961 

May  be  reassessed. 96—  964 

Proceedings  for,  when  to  be  brought 9.5—  96.3 

Remedy  limited  95 — 958 

Shall  not  be  vacated  because  of  Ir- 
regularity or  technicality  95—  960 

Assessors,  how  appointed  94—  943 

Assessments,  certificates  on  w'hich  made  94 — 946 

How  property  shall  be  described 94 — 949 

Notice  cf  completion  to  be  given 94—  950 

Assessment  not  more  than  half  valua- 
tion   94 — 947 

Change  of  grade;  may  make  awards 

for  damages  94 — 951 

Powers  of  94—  945 

Salary,  duty  94 — 943 

Certain  grounds  reserved 96 — 972 

Certificate  lost  105 — 1,050 

Change  of  grade,  damages  for 94 — 951 

Change  of  grade,  damages  awarded  for, 

when  to  be  paid 9,5 — 933 

City  entitled  to  compensation  for  prop- 
erty taken  100—  995 

City  liable  for  assessment  for  benefits.  .100 — 995 

Costs,  taxation  of  100 — 999 

Damages  for  land  taken,  when  paid 100—1,001 

Money  of  persons  under  disability 101 — 1,002 

Money  paid  to  wrong  persons 101 — 1,002 

Interest  on  unpaid  assessments 102 — 1.019 

Interest,  etc.,  rate  102 — 1,020 

Landlord  and  tenant,  contracts,  how 

affected  when  property  is  taken 100 — 996 

Mortgagee,  right  to  redeem 104 — 1,040 

Opening  streets  and  parks,  authority....  96—  970 


Commissioners; 

Abstract  of  estimate  and  assessment 


to  be  deposited 97 — 981 

Abstract,  how  amended 97—  982 


Application  and  appointment  of  three..  96—  973 
Certain  powers  of 97 — 979 


To  give  notice  of  appointment.'. 97—  978 

Two  may  act 96—  976 

Corporation  counsel,  duties  of 100 — 997 

Costs,  etc.,  for  searcher,  surteyor,  etc., 

to  be  paid  by  controller lOO — 997 

Costs  and  charges  (continued) 100—  998 

Damages  and  benefits,  to  ascertain 97—  980 

Oath  of  96—  977 

Commissioners’  report. 

Appeal  from  98—  988 

Appeal  to  court  of  appeals 98—  989 

Duplicate  copies  filed 98 — 987 

Proceedings  on  presentation 98—  98b 

Report  to  court gs — 984 

Proceedings  limited  99—  991 

Removal  of  99 991 

To  estimate  and  assess  benefits  and 

damages  to  the  city 100—  995 

Vacancies;  how  filled 96—  975 

Vesting  of  title gg_  999 

Legal  proceedings  for,  discontinued  by 

board  of  public  improvements lOO 1,000 

Notice  to  be  published 101—1,008 

Owners  of  land  may  convey  to  the  city..  99—  992 

May  open  streets 9g_  993 

City  may  make  agreement  with 99—  994 

Supreme  court  may  amend  defects 96—  974 

Witness;  how  compelled  to  testify 97—  983 

Redeeming  property  from  sale  certificate 

furnished  105—1,049 

Cerificate  of  controller,  effect  of 105—1,046 


Page.  Sec. 

Lease  to  be  executed  to  purchaser  on 


failure  of  104—1,041 

Mortgagees,  right  of 104—1,040 

Notice  of  expiration  of  time  to  be  pub- 
lished   104—1,041 

Occupied  lands;  notice  to  be  served 104—1,013 

Owner  or  occupant 105—1,047 

Accounts  to  be  examined,  receiveris 17 — 1,54 

Appointed  by  controller 16—  152 

Bonds  to  be  filed  17—  138 

Location  of  offices  17 — 155 

May  appoint  deputies  17—  156 

Renewal  of  bond  17—  153 

Portion  of  land  sold  104—1,042 

Rate  of  interest,  how  calculated  105 — 1,048 

Removal  of  buildings  , 96—  971 

Revision  of  assessments,  board  of  94—  941 

Powers  94—  945 

Sale  of  lands,  actually  occupied,  for 

taxes,  notice  to  be  served  103 — 1,045 

Service,  mode  of  105 — 1,044 

‘‘Street,”  defined  101—1,010 

Subdivision  of  plote  for  streets  99—  993 

Supreme  court,  petition  to  in  case  of 

fraud  or  error  in  assessments  95—  939 

Taxes,  assessments,  water  rates,  sales 

for  102—1,017 

Taxes  and  water  rents,  liens  on  as- 
sessed lands  102—1,017 

w 

Wards : 

Brooklyn;  to  be  continued loO— 1,577 


Manhattan  and  Bronx;  to  be  constinued.  150— 1,578 
Queens,  borough  of;  how  designated. . .150 — 1,5&1 
Richmond,  borough  of;  how  designated. 150 — 1,580 


Wafer  Sapply,  Department  of: 

Commissioner;  appointment 48—  468 

Condemnation  proceedings  48—  472 

Duty  of 49—  483 

Expenditure  filed  with  controller 53—  513 

Has  charge  of  all  property 49 — 479 

Jurisdiction  48—  469 

Maps  to  show  all  details 50—  488 

May  determine  source  of  supply 48—  472 

May  enter  on  lands  to  make  maps 50 — 487 

May  place  meters  in  buildings 49—  475 

Power  where  more  than  one  borough 

is  involved  48 — 470 

Restrictions  on  his  power  48 — 471 

Salary  48—  468 

To  contract  for  water  for  Twenty- 

fourth  Ward  48 — 474 

To  prepare  maps  50 — 486 

Commissioners  of  appraisal  50 — 492 

Agreement  with  owners  of  real  estate.  52 — 507 

Awards  paid  protect  city  52 — 503 

Payment  of  51 — 500 

Payment  to  minors,  etc 51 — 501 

j Proceedings  of  51 — 495 

Report  to  be  filed  51 — 497 

Report  to  be  made 51 — 496 

Appeal  from  52 — 505 

Confirmed  by  supreme  court 51 — 499 

Separate,  may  be  made  by  52 — 504 

Supreme  court  may  amend  52 — 506 

To  be  confirmed  51 — 498 

Salary  and  expenses  52—  508. 

To  take  and  file  oath 51 — 493 

When  real  estate  becomes  property  of 

city  51—  494 

Who  may  present  claim  to  52 — 502 

Bonds,  controller  to  issue 52 — 509 

Bonds  for,  description  of 52 — 510 

Certain  acts  misdemeanors 49 — 481,  482 

Corporations  may  use  grounds  under 

streets  53—  516 

Extra  charge  for  non-payment  of  rents..  49—  476 

Former  privileges  vested  in  the  city 53—  517 

Highways  and  bridges  over  reservoirs...  53—  512 

Hydrants  with  royalty  not  to  be  used 49—  ' 477 

Lake  Mahopac,  water  from 53—  514 

Lands  used  as  reservoirs 49 — 480 

Maps  to  be  filed  by  corporation  counsel..  50—  4S9 

Present  proceedings  continued 53—  515 

Proceedings  to  acquire  lands  for 50—  490 

Notice  must  be  given 50—  491 

Real  estate  defined 49—  435 

Real  estate,  how  to  acquire.... 49~  484 

State  board  of  hea.lth,  jurisdiction 53—  511 

Water  rates,  unpaid;  accounts  of  each 
ward  to  be  sent  to  controller 102 — 1,022 


Amendments  to  the  Charter,  1900, 


INDEX  TO  AMENDMENTS 


City  Record,  a Board  oft 

Printing  and  stationery  to  be  supplied  by 


contract,  etc 183 

Collesre  of  the  City  of  New  York: 

Instruction  to  be  furnished  gratuitously: 

degrees  and  diplomas 183 

Trustees  182 

District  Attorney,  Kings  Connty: 

Power  to  appoint  clerks 1S4 


Rdacation,  Department  of: 

Administers  special  fund;  apportions  gen- 
eral fund  and  files  record  with  Controller  181 


Power  to  fix  salaries 181 

Special  and  general  school  funds;  all  moneys 

to  be  received  by  Board  of  Education 181 

To  be  representative  of  school  system;  to 
require  and  revise  estimates  from  school 
boards  181 


j/7mendments 


DEGISEATIVE  DEPARTMENT. 
Franchises  for  street  railways  and 

ferries. 

Sec.  45.  The  municipal  assembly  is  author- 
l2ed  to  grant  from  time  to  time  to  any  corpor- 
ation thereunto  duly  authorized,  the  fran- 
chise or  right  to  construct  and  operate  rail- 
ways in,  upon,  over,  under  and  along  streets, 
avenues,  parkways  or  highways  of  the  city, 
hut  no  such  grant  shall  he  made  except  upon 
the  limitations  and  conditions^of  this  act  else- 
where provided  in  respect  of  the  grant  by  the 
municipal  assembly  of  franchises  and  rights 
In  the  streets,  avenues,  parkways  and  high- 
ways of  the  city.  And  further,  to  the  end 
that  cheap,  easy  and  convenient  intercourse 
may  be  had  between  all  parts  of  the  city,  the 
city  of  New  York,  as  hereby  constituted,  shall 
have  full  and  exclusive  power  to  establish, 
and  full  power  to  enjoy  by  leasing  the  same 
or  otherwise,  and  to  maintain  and  regulate 
ferries  over  all  streams  and  waterways  within 
or  adjoining  the  limits  of  the  said  city.  The 
municipal  assembly  may  pass  appropriate  or- 
dinances not  inconsistent  with  law  or  with 
this  act,  or  with  the  vested  rights  of  exist- 
ing companies  or  corporations,  to  enforce  the 
provisions  of  this  section  and  to  carry  out  its 
purpose.  Nothing  in  this  act  contained  shall 
repeal  or  affect  in  any  manner  the  provisions 
of  the  rapid  transit  acts  applicable  to  the 
corporation  heretofore  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New 
York,  or  any  municipality  herein  united 
therewith  or  territory  embraced  therein,  or 
to  repeal  or  affect  the  existing  general  laws 
of  the  state  in  respect  to  street  surface  rail- 


Pire Department: 

Consolidation  of  departments;  volunteer  de- 


partments   ISl 

Fires  and  their  extinction,  right  of  way 181 

Healtk,  Department  of: 

Offensive  trades  183 

Law  Department: 

Corporation  Counsel  to  be  head:  duties, 
salary  ITS 

Legislative  Department: 

Commissioner  of  deeds;  appointment,  oath, 
term;  clerk  therefor  177 

Franchises  for  street  railv/ays  and  ferries...  177 

Local  Government: 

Governor  to  appoint  commission  to  examine 
into  184 


roads.  The  cousent  or  approval  of  the  muni- 
cipal assembly  to  or  for  the  issue  of  corpor- 
ate stock  of  the  city  of  New  York,  as  provided 
by  section  one  hundred  and  sixty-nine  of  this 
act,  shall  not  be  necessary  to  authorize  the 
controller  to  issue  such  stock  lor  the  purposes 
described  in  said  chapter  four  of  the  laws  of 
eighteen  hundred  and  ninety-one  as  amend- 
ed. The  board  of  estimate  and  apportionment 
and  the  controller  , of  the  city  of  Nev/  York, 
as  hereby  constituted  shall,  anything  herein 
contained  to  the  edntrary  notwithstanding,  be 
subject  to  all  the  duties  and  obligations  pre- 
scribed in  said  chapter  four  of  the  laws  of 
eighteen  hundred  and  ninety-one  as  amend- 
ed for  the  board  of  estimate  and  apportion- 
ment and  controller  therein  mentioned.  Upon 
the  execution  of  any  eontract  made  pursuant 
to  chapter  four  of  the  laws  of  eighteen  hun- 
dred and  ninety-one  as  amended,  the  board 
of  rapid  transit  railroad  commissioners  may, 
in  its  discretion,  make  requisition  upon  the 
board  of  estimate  and  apportionment  for  the 
authorization  of  such  corporate  stock,  either 
lor  such  amounts  from  time  to  time  as  they 
shall  deem  the  progress  of  the  work  to  re- 
quire, or  for  the  full  amount  sufficient  to  pay 
the  entire  estimated  expense  of  execut- 
ing such  contract.  In  case  they  shall  make 
requisition  tor  the  entire  amount,  the  control- 
ler shall  indorse  on  the  contract  his  certifi- 
cate that  funds  are  available  for  the  entire 
contract  whenever  such  stock  shall  have  been 
authorized  to  be  issued  by  said  board  of  es- 
timate and  apportionment;  and  in  such  case 
such  stock  may  be  jssued  from  time  to  time 
thereafter  in  such  amounts  as  may  be  neces- 


I  Public  Bandings,  Department  otx 

Commissioner  to  cause  tests  to  be  made, 
etc IM 

Public  Charities,  Department  of: 

Bastard  children,  support  of 180 

When  new  security  is  required  after  convic- 
tion in  3,bandonment  proceedings 180 

Sewers,  Department  of: 

Construction  of  lateral  sewers  on  behalf  of 
private  owners  in  Brooklyn  and  Queens...  179 
Construction  of  sewage  disposal  works  or 

plants,  etc ISO 

Street  Cleaning,  Department  of: 
Commissioner  of  street  cleaning:  power  to 

obtain  plant,  supplies,  etc 17$ 

Water  Supply,  Department  of; 
Assessment  on  lands  used  as  reservoirs,  etc.  178 
Restriction  on  power  to  contract.... 17$ 


sary  to  meet  the  requirements  of  such  con- 
tract. The  certificate  by  the  controller,  men- 
tioned in  section  one  hundred  and  forty-nine 
of  this  act,  shall  not  be  necessary  to  make 
such  contract  binding  on  the  city  of  New 
York.  [Amended  by  Chapter  7,  Laws  of 
1900.] 

Commissioner  of  Deeds;  Appointment, 
oath,  term;  Clerk  therefor. 

Sec.  68.  The  hoard  of  aldermen  is  hereby 
authorized  and  is  empowered  to  appoint  com- 
missioners of  deeds  from  time  to  time,  who 
shall  hold  their  offices  for  two  years  from  the 
date  of  their  appointment;  such  appointment 
shall  not  require  the  concurrence  of  the  coun- 
cil nor  the  approval  of  the  mayor,  and  here- 
after, at  the  time  of  subscribing  or  filing  the 
oath  of  office,  the  city  clerk  shall  collect 
from  each  person  appointed  a commiesioner 
of  deeds  the  sum  of  five  dollars,  and  he  shall 
not  administer  or  file  said  oath  unless  said 
fee  has  been  paid.  All  fees  collected  by  the 
city  clerk  under  and  by  virtue  of  this  act, 
except  as  hereinafter  provided,  shall  he  ac- 
counted for  and  paid  over  monthly  into  the 
treasury  of  the  city.  The  city  clerk  shall 
appoint  an  officer  to  be  known  as  commis- 
sioner of  deeds  clerk,  whose  duties  shall  be 
to  enter  the  name  of  commissioners  of  deeds 
appointed,  in  a book  kept  for  that  purpose, 
make  out  certificates  of  appointment  and  to 
discharge  such  other  duties  as  the  city  clerk 
may  designate.-  Said  commissioner  of  deeds 
clerk  shall  receive  a salary  at  the  rate  of 
twelve  hundred  dollars  per  annum,  payable 
monthly.  Any  person  hereafter  appointed  to 
the  office  of  commissioner  »f  deeds  in  and  for 


Adopted  by  the  legislature  in  1900 


178 


AMENDMENTS  TO  THE  CHARTER,  lOOftj 


the  city  of  New  York  hy  the  hoard  of  alder- 
men, before  entering  upon  the  discharge  of 
the  duties  of  eaid  office  and  within  thirty 
days  after  such  appointment,  shall  take  and 
subscribe  before  the  commissioner  of  deeds 
clerk,  in  the  office  of  the  city  clerk,  the  fol- 
lowing oath  of  office:  That  the  applicant  Is 
a citizen  of  the  United  States  and  of  the 
state  of  New  York,  and  a resident  of  the 
city  of  New  York;  that  he  will  support  the 
constitution  of  the  United  States  and  the  con- 
stitution of  the  state  of  New  York,  and  faith- 
fully discharge  the  duties  of  the  office  of  com- 
missioner of  deeds.  Any  commissioner  of 
deeds  who  may  remove  from  the  city  of  New 
York  during  his  term  of  office  Is  hereby  re- 
quired to  notify  the  city  clerk  of  such  re- 
moval. Any  person  appointed  to  the  office  of 
Commissioner  of  deeds  under  the  provisions 
of  this  section  upon  qualifying  as  above  pro- 
vided may  take  acknowledgments  and  admin- 
ister oaths  in  any  part  of  the  city  of  New 
York,  without  filing  a certificate  of  his  ap- 
pointment in  the  office  of  the  clerk  of  the 
county  In  which  he  resides  or  In  which  the 
borough  In  which  the  acknowledgment  Is 
taken  or  oath  administered  is  situated,  and 
all  paper.s  so  acknowledged  or  verified  shall 
be  recorded  or  read  in  evidence  without  any 
further  proof,  in  all  the  boroughs  of  the  city 
of  New  York.  The  city  clerk  upon  the  re- 
quest of  any  commissioner  appointed  under 
the  provisions  of  this  act  must  make  and  de- 
liver to  such  commissioner  a certificate  under 
hla  hand  and  official  seal,  showing  the  ap- 
pointment and  term  of  office  of  such  com- 
missioner, which  certificate  may  be  filed  in 
the  office  of  the  clerks  of  the  counties  of  New 
York,  Kings,  Queens  and  Richmond  upon 
payment  of  six  cents  in  each  office  for  filing. 
The  clerks  of  the  counties  of  New  York, 
Kings,  Queens  and  Richmond  shall  keep  each 
a book  in  w'hich  shall  be  registered  the  sig- 
nature of  the  commissioners  so  filing  such 
certificate,  and  said  clerks  of  the  counties 
of  New  York,  Kings,  Queens  and  Richmond 
shall  upon  demand  and  upon  payment  of  the 
sum  of  twenty-five  cents,  authenticate  a cer- 
tificate of  acknowledgment  or  proof  or  oath 
taken  before  such  a commissioner  of  deeds, 
by  subjoining  or  attaching  to  the  original  cer- 
tificate of  acknowledgment  or  proof  or  oath, 
a certificate  under  his  hand  and  official  seal 
specifying  that  at  the  time  of  taking  the 
acknowledgment  or  proof,  the  officer  taking 
It  was  duly  authorized  to  take  the  same; 
that  the  authenticating  officer  is  acquainted 
•wih  the  former’s  handwriting,  or  has  com- 
pa.red  the  signature  to  the  original  certificate 
with  that  deposited  in  his  office  by  such  of- 
ficer. and  that  he  verily  believes  the  signature 
to  the  original  certificate  is  genuine,  and  if 
the  original  certificate  is  required  to  be  un- 
der seal,  he  must  also  certify  that  he  has 
compared  the  impression  of  the  seal  affixed 
thereto  with  the  impression  of  the  seal  of  the 
officer  who  took  the  acknowledgment  or  proof 
deposited  in  his  office,  and  that  he  verily  be- 
lieves the  impression  of  the  seal  upon  the 
original  certificate  to  be  genuine,  without  re- 
gard to  the  county  in  w’hich  said  acknow'ledg- 
ment  was  taken  or  oath  administered,  pro- 
vided that  said  county  be  w'holly  within  the 
city  of  New  York,  or  if  it  be  partly  within 
the  city  of  New  York,  that  the  acknowledg- 
ment was  taken  or  oath  administered  in  that 
portion  of  said  county  which  is  included  with- 
in the  boundaries  of  the  city  of  New  York. 
Any  instrument  or  paper  acknowledged  be- 
fore a commissioner  within  the  city  of  New 
York  and  certified  by  the  clerk  of  the  county 
of  New  York  Kings,  Queens  or  Richmond, 
•6  hereinbefore  provided,  shall  be  recorded 


state  without  further  proof.  The  term  of 
office  of  every  commissioner  of  deeds  who, 
on  the  first  day  of  May  eighteen  hundred  and 
xtinety-eight,  shall  be  holding  over  after  a 
term  of  two  years,  shall  then  cease.  [Amend- 
ed by  chapter  247  Laws  of  1900.] 

LAW  DEPARTMENT. 
Corporation  Council  to  be  tlie  head 

of  the  Law  Department;  Duties, 

Salary, 

Sec.  265.  There  shall  be  a law  department 
of  the  city  of  New  York,  the  head  whereof 
shall  be  called  the  corporation  counsel,  who 
shall  be  the  attorney  and  counsel  for  the 
city  of  New  York,  the  mayor,  the  municipal 
assembly,  and  each  and  every  officer,  board 
and  department  of  said  city,  except  as  other- 
wise herein  provided.  The  salary  of  the  cor- 
poration counsel  shall  be  fifteen  thousand  dol- 
lars a year.  The  corporation  counsel  shall  have 
charge  and  conduct  of  all  the  law  business 
of  the  corporation  and  its  departments  and 
boards,  and  of  all  law  business  in  which  the 
city  of  New  York  is  interested,  except  as 
otherwise  herein  provided.  He  shall  have 
charge  and  conduct  of  the  legal  proceedings 
necessary  in  opening,  widening,  altering  and 
closing  streets,  and  in  acquiring  real  estate 
or  interests  therein  for  the  city  by  con- 
demnation proceedings,  and  the  preparation 
of  all  leases,  deeds,  contracts,  bonds  and 
other  legal  papers  of  the  city  or  of,  or  con- 
nected with,  any  department,  board  or  officer 
thereof,  and  he  shall  approve  as  to  form  all 
such  contracts,  leases,  deeds,  bonds  and  other 
legal  papers;  provided,  however,  that  he  shall 
not  institute  any  proceeding  for  acquiring 
title  to  real  estate  by  condemnation  proceed- 
ings, except  for  opening  streets,  unless  the 
same  shall  have  been  approved  by  tbe  con- 
current vote  of  all  the  members  of  the  board 
of  estimate  and  apportionment  upon  a state- 
ment to  be  furnished  said  board,  of  the  valu- 
ation of  such  real  estate  as  assessed  for  pur- 
poses of  taxation;  and  provided,  further,  that 
the  board  of  estimate  and  apportionment 
shall  have  power  by  a majority  vote  to  di- 
rect such  changes  to  be  made  in  the  forms 
of  contracts  and  specifications  as  may  seem 
to  promote  the  interests  of  the  city.  He  shall 
be  the  legal  adviser  of  the  mayor,  the  mu- 
nicipal assembly  and  the  various  departments, 
boards  and  officers,  except  as  otherwise  here- 
in provided,  and  it  shall  be  his  duty  to  fur- 
nish to  the  mayor,  the  municipal  assembly 
and  to  every  department,  board  and  officer 
of  the  city  all  such  advice  and  legal  assist- 
ance as  counsel  and  attorney  in  or  out  of 
court  as  may  be  required  by  them,  or  either 
cf  them,  and  for  that  purpose,  the  corpora- 
tion counsel  may  assign  an  assistant  or  as- 
sistants to  any  department  that  he  shall  deem 
to  need  the  same.  No  officer,  board  or  de- 
partment of  the  city,  unless  it  be  herein 
otherwise  specially  provided,  shall  have  or 
employ  any  attorney  or  counsel.  The  cor- 
poration counsel,  except  as  otherwise  herein 
provided,  shall  have  the  right  to  institute 
actions  in  law  or  equity,  and  any  proceedings 
provided  by  the  code  of  civil  procedure  or  by 
law  in  any  court,  local,  state  or  national, 
to  maintain,  defend  and  establish  the  rights, 
interests,  revenues,  property,  privileges,  fran- 
chises, or  demands  of  the  city,  or  of  any 
part  or  portion  thereof,  or  of  the  people 
thereof,  or  to  collect  any  money,  debts,  fines, 
or  penalties  or  to  enforce  the  laws  and  ordi- 
nances. He  shall  be  a member  of  the  board 
of  estimate  and  apportionment,  and  of  the 
board  of  public  improvenlents.  He  shall  not 
be  empowered  to  compromise,  settle  or  ad- 
just any  rights,  claims,  demands  or  causes 
of  action  in  favor  of  or  against  the  city  of 
New  York,  or  to  permit,  offer,  or  confess 


9X  read  In  evidence  in  any  county  of  thisJudgment  against  the  city,  or  to  accept  any 


offer  of  judgment  in  favor  of  the  city  with- 
out the  previous  written  approval  of  the 
controller;  and  in  case  of  any  claim  for  a 
money  judgment  exceeding  ten  thousand  dol- 
lars, or  for  relief  other  than  in  the  nature 
of  a money  judgment,  the  previous  written 
approval  of  the  mayor  shall  be  also  neces- 
sary.— [Amended  by  Chapter  284,  Laws  of 
1900.] 

DEPARTMENT  OF  WATER  SUPPLY. 

Restriction  «n  power  to  contract. 

Sec.  471.  It  shall  not  be  lawful  for  the 
commissioner  of  water  supply  to  enter  into 
and  contract  whatever  with  any  person  or  cor- 
poration engaged  in  the  business  of  supply- 
ing or  selling  water  for  public  or  private 
use  and  consumption,  unless,  preliminary  to 
the  execution  of  the  contract,  the  assent  of 
the  board  of  public  improvements  and  the 
approval  of  the  board  of  estimate  and  appor- 
tionment together  with  the  separate  written 
consent  and  approval  of  both  the  mayor  and 
tho  controller  of  the  city  of  New  York  of  the 
proposed  contract  in  all  its  details,  shall  be 
given  by  resolution  to  the  execution  of  such 
contract  as  submitted,  and  it  shall  not  be 
lawful  for  the  said  city  of  New  York  or  for 
any  department  thereof,  to  make  any  contract 
touching  or  relating  to  the  public  water  sup- 
ply, and  especially  the  increase  thereof,  with 
any  person  or  corporation  whatsoever,  save 
in  accordance  with  the  provisions  and  require- 
ments of  this  act,  which  said  provisions  and 
requirements  are  hereby  declared  to  estab- 
lish the  exclusive  rule  for  the  making  of 
such  contracts.  All  proceedings  relating  to 
the  making  or  approvai  of  any  such  contract 
may  be  reviewed  by  the  appellate  division 
of  the  supreme  court  in  the  first  or  second 
department,  on  the  application  of  any  resi- 
dent taxpayer. — [Amended  by  Chapter  283, 
Laws  of  1900.] 

Assessment  on  lands  used  as  reser- 
voirs, etc. 

Sec.  480.  The  lands  heretofore  taken  or  to 
be  taken  for  storage,  reservoirs,  or  for  other 
constructions  necessary  for  the  introduction 
and  maintenance  of  a sufficient  supply  of 
water  in  the  city,  or  for  the  purpose  of  pre- 
venting contamination  or  pollution,  shall  be 
assessed  and  taxed  in  the  counties  in  which 
they  are  or  may  be  located  in  the  manner 
prescribed  by  law,  at  the  value  of  the  lands 
exclusive  of  the  aqueducts,  and  the  construc- 
tion and  works  necessary  for  its  purposes, 
provided  that  the  assessed  value  of  the  said 
lands  shall  not  exceed  the  assessed  value  of 
the  lands  In  the  immediate  neighborhood 
thereof.  But  nothing  in  this  section  con- 
tained shall  prevent  the  assessors  in  the 
county  of  Nassau  from  assessing  the  pump- 
ing stations  and  buildings  located  in  such 
county.  [Amended  by  Chapter  463  Laws  of 
1900.] 

DEPARTMENT  OP  STREET  CLEANING. 
Commissioner  of  Street  Cleaning; 

Ijower  to  obtain  plant,  supplies,  etc. 

Sec.  541.  The  said  commissioner  of  street 
cleaning  shall  have  the  power,  and  it  shall 
be  his  duty,  to  purchase  or  hire  from  time 
to  time  for  his  use  as  such  commissioner,  ai 
current  prices,  such  and  so  many  horses, 
carts,  steam  tugs,  scows,  boats,  vessels,  ma- 
chines, tools  and  other  property  as  may  be 
required  for  the  economical  and  effectual  per- 
formance of  his  aforesaid  duty  or  to  contract 
for  the  construction  of  any  such  tugs,  scows, 
boats,  vessels,  carts,  machines,  tools  or  other 
property;  or  for  the  sweeping  of  streets  and 
the  removal  of  street  sweepings  by  machine 
and  also  to  contract  for  the  cremation,  utili- 
zation or  burning  of  street  sweepings,  refuse 
and  garbage;  or  for  the  rnelting  or  removal 
of  snow  upon  or  from  any  streets  or  avenues 


AMENDMENTS  TO  THE  CHARTER,  1000. 


V ; 179 


or  parts  thereof.  The  title  to  property  so 
purchased  or  constructed  shall  be  in  the  city 
of  New  York.  All  such  hiring,  or  purchases, 
or  contracts,  however,  exceeding  one  thou- 
sand dollars  in  amount  at  any  one  hiring  or 
purchase,  shall  be  let  by  contract  to  the  low- 
est bidder  therefor,  founded  on  sealed  bids 
or  proposals  made  in  compliance  with  public 
notice  advertised  in  the  City  Record;  svich 
notice  to  be  published  at  least  ten  days  prior 
to  the  opening  of  such  proposals  or  bids. 
Provided,  that- nothing  herein  contained  shall 
prevent  said  commissioner,  whenever  it  shall 
be  necessary,  to  hire  such  boats,  steam  tugs, 
scows,  vessels,  machines,  tools  or  other  prop- 
erty for  a day  or  trip,  and  for  successive  days 
or  trips,  without  advertising  or  contract 
founded  on  sealed  proposals  or  bids,  at  com- 
pensation by  the  day  or  trip,  notwithstanding 
the  aggregate  compensation  for  such  succes- 
sive days  or  trips  may  exceed  said  sum  of  one 
thousand  dollars.  The  said  commissioner 
Is  hereby  authorized,  whenever  and  as  often 
as.  In  his  opinion,  the  public  interests  shall 
require,  to  reject  all  bids  or  proposals  re- 
ceived in  answer  to  any  such  advertisement, 
and  to  readvertise  for  bids  and  proposals  as 
hereinafter  provided.  Whenever  the  said 
commissioner  shall  deem  it  necessary,  he  shall 
and  is  hereby  authorized  to  sell,  at  public 
auction,  any  plant,  material,  horses,  carts, 
scows  or  other  property,  used  in  any  way  in 
connection  w'ith  the  work  of  cleaning  streets, 
but  before  any  such  sale  shaii  be  made  a no- 
tice thereof  stating  the  time  and  place  of  sale 
shall  be  published  in  the  City  Record  and  cor- 
poration newspapers  lor  at  least  ten  days 
immediately  preceding  such  sale,  and  the 
proceeds  arising  from  such  sale,  after  deduct- 
ing the  necessary  expenses  thereof,  shall  be 
paid  into  the  city  treasury  to  the  credit  of 
the  general  fund  for  the  reduction  of  taxa- 
tion. The  said  commissioner  is  hereby  au- 
thorized, with  the  consent  and  approval  of  the 
board  of  sinking  fund  commissioners,  to  hire 
or  lease  for  periods  not  exceeding  ten  years 
suitable  and  sufficient  offices  lor  the  trans- 
action of  the  business  under  his  charge,  and 
also  such  stables  and  other  buildings  or  parts 
of  buildings  or  plots  of  ground  as  may,  from 
time  to  time,  be  necessary.  All  carts  used  by 
said  department  of  street  cleaning  shall  be 
of  such  size,  form  and  construction  as  to  pre- 
vent escape  during  transit  of  dust,  or  any 
refuse  carried  therein.  [Amended  by  Chap- 
ter 744,  Laws  of  1900.] 

DEPARTMENT  OF  SEWERS. 
Constmction  of  lateral  sewers  on  be- 
half of  private  owners  in  boroughs 
of  Brooklyn  and  Q,ueens. 

Sec.  567.  Construction  of  Lateral  Sewers 
on  behalf  of  Private  Owners — iVhenever 
a majority  in  amount,  according  to  the 
last  preceding  assessment,  of  the  owners 
of  land  comprising  it  least  thirty  acres 
in  one  body  shall  petition  for  leave 
to  construct  and  connect  lateral  sewers 
in  and  upon  the  land  in  question,  the  com- 
missioner of  sewers  shall  unless  the  same 
has  already  been  done,  prepare  plans  and 
specifications  of  such  proposed  sewers  con- 
forming to  the  general  plan  for  the  construc- 
tion of  public  sewers  in  said  city.  One  copy 
of  said  plans  and  specifications  shall  be  filed 
in  the  office  of  the  board  of  public  improve- 
ments, and  a duplicate  copy  in  the  office  of 
the  commissioner  of  sewers.  The  commis- 
sioner of  sewers  may  require  a guarantee 
satisfactory  to  himself  for  the  payment  of 
the  necessary  expense  of  the  department  of 
sewers  in  the  preparation  of  such  plans  and 
specifications.  Upon  the  approval  of  such  plans 
And  specifications  by  the  comtni^sioncr  of  sew- 


ers and  the  board  of  public  improvements, 
the  commissioner  of  sewers  shall,  at  the  re- 
quest of  the  petitioners,  cause  bids  to  be  ad- 
vertised according  to  law  for  the  building 
of  any  portion  of  said  sewers  to  be  named  by 
said  petitioners,  but  not  less  than  ten  thou- 
sand dollars  in  amount  (or  one  mile  in 
length).  Upon  the  opening  of  said  bids  the 
commissioners  of  sewers  may  award  the  said 
contract,  as  provided  by  law,  but  conditional 
upon  the  deposit  of  the  amount  thereof  by 
or  on  behalf  of  the  petitioners  as  hereinafter 
provided.  Thereupon  the  commissioner  of 
sewers  shall  notify  in  writing  said  petitioners 
and  the  controller  of  such  award,  and  the 
amount  that  will  be  required  thereunder  to 
construct  and  build  the  said  sewers.  With- 
in thirty  days  thereafter  the  said  petitioners 
shall  pay  or  cause  to  be  paid  to  the  con- 
troller of  the  city  of  New  York  a sum  equal 
to  the  amount  necessary  to  construct  and 
build  the  said  sewers  covered  by  said  con- 
tract. If  the  petitioners  shall  not  pay  such 
money  to  the  controller  within  the  time  afore- 
said, then  all  proceedings  hereunder  shall 
be  null  and  void,  and  after  deducting  from 
the  money  already  deposited  by  or  on  behalf 
of  the  petitioners,  or  secured  by  them  to  be 
paid,  the  amount  of  all  expenses  in  connec- 
tion w'ith  said  proposed  sewers,  the  control- 
ler shall  return  the  balance  of  said  money, 
if  any,  to  the  petitioners  or  their  assigns. 
If  the  petitioners  shall  deposit  the  money  for 
the  purpose  of  carrying  out  said  contract,  as 
above  provided,  the  commissioner  of  sewers 
shall  duly  award  said  contract  to  the  bidder 
entitled  thereto,  and  shall  proceed  to  the  con- 
struction and  completion  of  said  sewers. 
When  the  said  sewers  shall  have  been  com- 
pleted, the  commissioner  of  sev  ers  shall  de- 
liver to  and  file  with  the  controller  and  also 
with  the  board  of  assessors  of  said  city,  a 
certificate  setting  forth  the  amount  of  the 
entire  cost  of  such  portion  of  said  sewers, 
including  the  inter.;st  accrued  on  said  de- 
posit to  the  date  of  said  certificate,  together 
with  a map  and  statement  showing  the  loca- 
tion and  general  character  of  the  sewer. 
Thereupon  said  board  of  assessors  shall  ap- 
portion and  assess  the  cost  of  said  sewers 
and  the  other  expenses  arising  under  this 
act  upon  the  lands  and  premises  affected 
thereby  in  proportion  to  the  amount  of  bene- 
fit derived  by  each  of  the  said  lots  without 
regard  to  the  assessed  valuation  thereof,  as 
in  their  judgment  shall  be  just,  and  shall  pre- 
pare a list  showing  the  separate  parcels  so 
benefited,  and  the  amounts  so  assessed  upon 
the  same  respectively,  and  thereupon  the 
same  proceeding  shall  be  had  for  confirma- 
tion of  said  assessment  and  apportionment  as 
is  provided  in  this  charter,  and  said  assess- 
ment and  apportionment  shall  Include  inter- 
est to  the  date  of  such  confirmation.  The 
confirmation  of  said  assessment  and  appor- 
tionment shall  be  final  and  conclusive  upon 
all  owners  of  land  and  all  persons  affected 
thereby.  The  board  of  assessors  shall  there- 
upon divide  the  amount  apportioned  and  as- 
sessed upon  each  parcel  of  land  affected 
thereby  into  twenty  equal  annual  parts  or 
installments,  together  with  interest  upon  each 
installment  at  the  rate  of  six  per  centum 
per  annum  from  the  date  of  such  confirma- 
tion of  the  apportionment  and  assessment  to 
the  first  day  of  December  in  each  of  said 
twenty  years  successively,  and  shall  duly 
enter  their  said  apportionment  and  assess- 
ment, with  interest  as  aforesaid,  and  in  said 
twenty  yearly  installments,  in  books  which 
they  shall  properly  certify.  Thereupon  said 
board  shall  deliver  to  and  file  in  the  offices 
of  the  controller  and  of  the  collector  of  as- 
sessments and  arrears,  respectively,  one  copy 
of  said  books  of  apportionment  and  assess- 


ment. On  the  first  day  of  September  in  each 
of  said  twenty  years,  ’■espectively,  the  said 
assessment  for  said  year  shall  be  and  be- 
come a lien  upon  the  lands  or  parcels  of 
land  affected  thereby,  and  the  said  filing 
in  his  office  of  the  said  apportionment  and 
assessment  shall  be  to  the  collector  of  as- 
sessments and  arrears  a full  and  proper  war- 
rant for  collecting  the  installments  so  levied, 
as  they  respectively  become  due  in  each 
year.  The  said  installments  so  levied  shall 
in  each  case  be  due  and  payable  on  the  first 
day  of  December  in  each  year,  and  accord- 
ing to  said  apportionment  and  assessment, 
shall  be  collected  in  the  same  manner  and 
subject  to  the  same  rebate  and  default  as 
is  provided  by  law  in  the  case  of  assess- 
ments in  said  city  affecting  the  lands  in 
question,  and  all  the  provisions  of  law  ap- 
plicable to  the  sale  of  lands  for  the  non- 
payment of  assessments  in  the  said  city  af- 
fecting the  lands  in  question  shall  apply 
to  the  said  assessments  provided  for  here- 
in. Each  one  of  the  said  several  annual  In- 
stallments levied  as  aforesaid  in  each  yeaf 
shall,  notwithstanding  any  other  provision 
of  this  charter,  be  a lien  upon  the  land  or 
parcels  of  land  affected  thereby  only  from 
the  time  the  same  shall  be  respectively  levied. 
The  owner  of  any  parcel  of  land  so  assessed 
may  at  any  time  after  the  first  installment 
shall  have  become  due  and  payable,  pay  to 
the  controller  of  the  city  of  New  York  all 
the  installments  not  levied  of  the  sum  made 
chargeable  on  the  said  land,  as  ascertained 
by  the  board  of  assessors  as  provided  for 
in  this  section,  with  the  proper  deduction  op 
rebate  for  any  interest  for  any  period  sub- 
sequent to  the  date  of  said  payment  and  in- 
cluded in  said  unpaid  installments  respec- 
tively upon  said  books.  Thereupon  the  said 
land  shall  be  discharged  from  all  further 
liability  on  account  of  such  assessments. 
For  the  purpose  of  making  such  payment, 
such  owner  shall  present  to  the  controller 
the  certificate  of  the  collector  of  assessments 
and  arrears  showing  the  amount  of  the  said 
installments  not  levied  and  paid,  and  upon 
receiving  such  payment  the  controller  shall 
certify  the  same  to  the  collector  of  assess- 
ments and  arrears,  who  shall  thereupon  can- 
cel the  assessments  so  paid.  The  collector 
of  assessments  and  arrears  shall  cause  to 
be  printed  on  all  bills  made  out  in  his  of- 
fice for  installments  of  said  assessments  a 
reference  to  this  section  and  a notification 
that  the  remaining  installments  may  be  paid 
and  canceled  in  the  manner  herein  provided. 
Whenever  the  petitioners  or  their  assigns,  or 
nominees,  shall  have  paid,  oi  shall  have 
caused  to  be  paid  to  the  controller  the  sum 
of  money  required  to  construct  and  build 
said  sewers  or  any  portions  thereof,  as  speci- 
fied in  the  said  contract  or  contracts,  they 
shall  be  entitled  to  receive  the  moneys  and 
all  interest  thereon  to  be  assessed  and  col- 
lected under  this  act,  and  all  such  moneys 
and  interest  so  collected  upon  said  assess- 
ment shall  forthwith  be  paid  over  to  the 
said  petitioners,  or  their  nominees  or  as- 
signs. "Whenever  the  said  money  shall  have 
been  so  paid  by  said  petitioners,  or  their  nom- 
inees or  assigns,  the  controller  shall  exe- 
cute to  the  person  or  corporation  so  paying 
said  money  a certificate  in  writing,  stating 
that  said  money  has  been  so  paid,  and  that 
the  person  or  corporation  holding  said  certifi- 
cate is  entitled  to  receive  the  money  so  as- 
sessed together  with  interest  thereon  at  the 
rate  of  six  per  centum  per  annum,  and  that 
the  city  will  pay  over  from  time  to  time 
said  moneys  and  interest  as  they  shall  be 
received  and  collected  under  this  section.  The 
petitioners,  or  their  assigns,  may  from  time 
to  time  designate  various  portions  of  said 
sewers,  not  less  than  the  amount  above  syeci- 


180 


AMENDMENTS  TO  THE  CHARTER,  1900. 


fled,  to  be  built  and  completed  as  herein  pro- 
vided and  thereupon  the  same  proceedings  as 
above*  provided  shall  be  taken  for  the  build- 
ing and  completing  of  the  said  sewers  so 
successively  designated,  and  for  assessing 
and  collecting  the  amounts  expended  for  con- 
structing said  sewers.  In  construing  this 
section,  sewers  twenty-four  inches  or  less  in 
diameter  shall  be  deemed  to  be  lateral  sew- 
ers, and  all  sewers  exceeding  twenty-four 
Inches  In  diameter  shall  be  deemed  to  be 
trunk  sewers.  If,  in  any  case,  the  moneys 
deposited  with  the  controller  shall  exceed  the 
cost  of  building  and  completing  the  sewers 
for  which  the  said  moneys  were  deposited, 
the  controller  shall,  upon  ascertaining  this 
fact,  pay  over  such  surplus  to  the  petition- 
ers or  their  assigns  or  nominees.  If  the 
money  so  deposited  shall  not  be  found  suf- 
ficient to  complete  the  sewers  for  which 
the  same  were  deposited,  then  the  control- 
ler may  demand  of  the  petitioners,  or  their 
assigns  or  nominees,  the  balance  required 
to  build  and  complete  said  sewers,  and  in 
case  of  their  failure  to  pay  the  same,  the 
controller  may  retain  any  such  balance  out 
Of  the  first  moneys  coming  into  his  hands 
from  assessments  upon  the  property  upon 
which  the  said  sewers  were  constructed.  The 
petitioners  shall  have  the  right  to  appoint  in 
writing  an  attorney  or  nominee  to  represent 
them  in  relation  to  said  sewers  before  any 
of  the  authorities  of  the  city,  and  to  re- 
ceive any  m.oneys  payable  hereunder  or  do 
any  act  or  receive  any  notice  required  here- 
under. Such  appointment  of  a nominee  or 
attorney  shall  be  irrevocable  without  the 
consent  of  said  nominee  or  attorney.  Noth- 
ing herein  contained  shall  in  any  way  pre- 
vent the  city  of  New  York  from  taking  such 
action  as  it  may  deem  proper  to  build  lateral 
sewers  upon  or  do  any  other  act  in  relation 
to  any  of  the  property  mentioned  in  said 
petition.  This  section  shall  apply  to  the  bor- 
oughs of  Brooklyn  and  Queens  in  the  city  of 
New  York. — [Amended  by  Chapter  623,  Laws 
of  1900.] 

Constractlon  of  Sewag'e  Disposal 

Works  or  Plants  and  Appurtenances, 

etc. 

Sec.  568.  Wherever  in  this  act  known  as 
“the  Greater  New  York  charter,’  or  in  any 
other  act  or  acts  applicable  to  the  city  of  New 
York  or  the  mayor,  aldermen  and  commonalty 
of  the  city  of  New  York,  the  words  “sewer” 
or  “sewers”  or  the  words  “construction,  re- 
pairing and  cleansing  of  sewers  and  under- 
ground drains,”  or  the  words  “map  or  plan 
for  the  proper  sewerage  and  drainage”  or  the 
words  “the  construction  and  care  and  main- 
tenance of  the  sewer  system  and  drainages,” 
or  the  words  “local  improvement”  shall  oc- 
cur, the  said  words  shall  be  construed  to  in- 
clude and  to  mean  sewage  disposal  works  or 
plants,  and  the  necessary  appurtenances 
thereto.  It  Is  the  intent  and  meaning  of  this 
section  that  sewage  disposal  works  or  plants 
and  the  necessary  appurtenances  thereto, 
shall  be  construed  as  being  a part  and  parcel 
of  a sewer,  and  the  cost  of  constructing  and 
erecting  the  same  shall  be  paid  for  by  local 
assessments  upon  the  property  deemed  to 
be  benefited  thereby  in  the  same  way  as  the 
cost  of  constructing  a sewer  and  appur- 
tenances is  now  paid  for  In  the  City  of  New 
York,  and  the  cost  of  repairing,  cleansing 
and  maintaining  such  sewage  disposal  works 
or  plants  and  appurtenances,  shall  be  paid 
for  in  the  same  way  as  the  cost  of  repairing, 
cleansing  and  maintaining  sewers  and  under- 
ground drains  are  now  paid  for.  Power  and 
authority  to  construct  and  erect  and  maintain 
sewage  disposal  works  or  plants  and  the 
necessary  appurtenances  thereto  in  the  City 
of  New  York  is  hereby  granted  to  the  same 
•ttthorities  as  the  power  to  construct  sewers 


and  appurtenances  is  granted,  such  construc- 
tion and  erection  and  maintenance  to  be  done 
under  and  pursuant  to  and  in  compliance  with 
the  same  laws  anr  regulations  as  apply  to  the 
construction  and  maintenance  of  sewers  and 
appurtenances  thereto.  [Added  by  Chapter 
83,  Laws  of  1900.] 

DEPARTMENT  OP  PUBLIC  BUILDINGS," 
LIGHTING  AND  SUPPLIES. 
Commissioner;  to  cause  tests  . to  Ite 
made,  etc. 

Sec.  57o.  The  said  commissioner  shall 
cause  inspections  to  be  made  of  electric 
lights  furnished  to  the  city,  and  of  electric 
meters  and  electric  wiring,  as  such  tests  may 
be  provided  for  by  the  proper  appropriation; 
the  said  commissioner  shall  cause  tests  to  be 
made  of  all  meters  in  use  in  said  city  for 
measuring  or  ascertaining  the  quantity  of 
electricity  or  steam  furnished  by  any  cor- 
poration or  person  in  said  city  within  one 
year  after  this  act  shall  take  effect;  and 
thereafter  no  corporation  or  person  shall 
furnish  or  put  in  use  any  electric  or  steam 
meter  which  shall  not  hawe  been  inspected, 
approved  and  sealed  by  the  inspectors,  and 
every  such  corporation  or  person  shall  pro- 
vide and  keep  in  or  upon  their  premises  a 
suitable  and  proper  apparatus  to  be  approved 
and  sealed  by  the  inspector  for  testing  and 
proving  accuracy  of  meters  furnished  for  use 
by  them.  Whenever  a meter  shall  be  in- 
spected the  inspector  shall  attach  thereto 
some  seal,  stamp  or  mark,  with  the  inspect- 
or’s name,  the  date  of  his  inspection,  and 
whether  or  not  the  meter  is  accurate. 
Meters  in  use  shall  be  re-inspected  and  test- 
ed on  the  written  request  of  the  consumer, 
or  of  the  company,  in  the  presence  of  the 
consumer,  if  desired.  If  any  such  meter 
on  being  so  tested  shall  be  found  defective 
or  inaccurate  to  the  prejudice  or  injury  of 
the  consumer,  the  necessary  removal,  in- 
spection, correction  and  replacing  of  such 
meter  shall  be  without  expense  to  the  consum- 
er; but  in  all  other  cases,  except  where  the 
■change  is  beneficial  to  the  company,  he  shall 
pay  the  reasonable  expense  of  such  in- 
spection and  the  re-inspection  shall  be 
stamped  on  the  meter.  Provided,  however, 
that  nothing  herein  contained  shall  be  con- 
strued as  requiring  to  be  sealed,  electro- 
lytic or  other  electric  meters,  which  in  their 
construction  or  use  are  not  susceptible  of 
being  sealed,  nor  the  apparatus  employed 
in  taking  the  usual  periodic  readings  there- 
from; but  all  such  meters  shall,  in  all  other 
respects,  be  tested  and  stamped  in  the 
manner  provided  herein  for  other  meters; 
and  every  corporation  using  such  electrolytic 
or  other  meter  shall  at  all  times  admit  the 
inspectors  of  meters  at  the  meter  depart- 
ment and  reading  rooms,  and  permit  the  in- 
spection by  him  of  all  meters  and  of  all  the 
processes,  methods  and  operations  of 
measuring  electric  current  consumed  by  it. 
[Amended  by  Chapter  629,  Laws  of  1900.] 

Sec.  576.  The  provisions  of  sections  sixty- 
two,  sixty-three  and  sixty-four  of  chapter 
forty  of  the  general  laws,  known  as  the 
transportation  corporations  law,  shall  here- 
after apply  to  the  city  of  New  York,  in  so  far 
as  they  relate  to  or  affect  the  inspection  of 
gas  meters.  [Amended  by  Chapter  629, 
Laws  of  1900.] 

DEPARTMENT  OP  PUBLIC  CHARITIES. 
■When  new  secnrity  is  reqnired.  after 
conviction  in  abandonment  proceed- 
ings. 

Sec.  690.  Upon  the  recovery  of  a bond 
given  by  the  defendant  upon  conviction  in 
abandonment  proceedings  as  prescribed  in 
section  six  hundred  and  eighty-six;  or  upon 


proof  by  affidavit  by  the  commissioner  for  the 
borough  in  which  the  defendant  was  convict- 
ed, that  he  has  caused  diligent  efforts  to  be 
made  to  serve  personally  upon  a surety  on 
such  a boud,  a summons  in  an  action  brought 
thereon  for  a default  in  the  terms  thereof, 
but  has  been  unable  to  effect  service  upon 
such' surety;  or  that  a surety  has  been  ad- 
judged a bankrupt,  the  city  magistrate  then 
sitting. in  the  court  in  which  such  bond  was 
given  may  issue  a warrant  for  the  arrest  of 
the  defendant,  in  whose  behalf  the  bond  was 
given,  and  require  him  to  give  new  security 
or  in  default  thereof  may  commit  him,  under 
the  original  order  and  conviction,  in  the 
manner  prescribed  in  section  six  hundred  and 
eighty-six;  provided,  ho-wever,  that  the  total 
imprisonment  upon  such  order  shall  not  ex- 
ceed six  months  in  any  year.  [Added  by 
Chapter  718,  Laws  of  1900.] 

Support  of  Bastard  Cliildren. 

Sec.  691.  If  any  time  after  an  order  of 
filiation  in  bastardy  proceedings  shall  have 
been  made,  and  an  undertaking  given  there- 
on, in  accordance  with  the  provisions  of  this 
act  and  of  the  code  of  criminal  procedure 
such  undertaking  shall  not  be  complied  with, 
or  that  for  any  reason  a recovery  thereon 
cannot  be  had,  the  overseers  of  the  poor  of 
any  county,  city  or  town  or  the  commission- 
er of  public  charities  for  the  borough  of  the 
city  of  New  York,  where  the  bastard,  for 
whose  support  the  order  of  filiation  was 
made,  shall  be  at  the  time,  may  upon  proof 
of  the  making  of  the  order  of  filiation,  the 
giving  of  the  above  mentioned  undertaking 
and  non-compliance  therewith,  or  that  for 
any  reason  a recovery  cannot  be  had  on  such 
undertaking  apply  to  the  court,  in  such 
county,  city,  or  town,  having  jurisdiction 
in  bastardy  proceedings,  for  a warrant  for 
the  arrest  of  the  defendant  against  whom 
such  order  of  filiation  was  made,  which  shall 
be  executed  in  the  manner  provided  in  the 
code  of  criminal  procedure  for  the  execution 
of  a warrant.  Upon  the  arrest  and  arraign- 
ment of  the  defendant,  the  said  court  upon 
proof  of  the  making  of  the  order  of  filiation, 
the  giving  of  the  above  mentioned  undertak- 
ing, the  non-compliance  therewith  or  that 
for  any  reason  a recovery  cannot  be  had  on 
such  undertaking  shall  make  an  order 
requiring  him  to  give  a new  under- 
taking in  the  manner  provided  in  sub- 
division one  of  section  eight  hundred  and 
fifty-one  of  the  code  of  criminal  procedure  for 
giving  an  undertaking  on  conviction,  or  upon 
his  failure  to  so  give  a new  undertaking, 
shall  commit  him  in  the  manner  provided  in 
section  eight  hundred  and  fifty-two  of  said 
code  of  criminal  procedure.  [Amended  by 
Chapter  713,  Laws  of  1900.] 

Transfer  of  inmates  toy  commissioner. 

Sec.  712.  The  commissioner  may  transfer 
and  commit  and  cause  to  be  transferred  and 
committed  from  the  workhouse  to  the  city 
prison,  penitentiary  or  to  any  other  of  the 
institutions  in  the  department,  any  person 
committed  to  the  workhouse  under  section 
seven  hundred  and  seven  of  this  act,  when- 
ever such  transfer  shall  be  necessary  for 
the  proper  care  and  management  of  such  city 
prison,  penitentiary  or  other  institution  or 
for  the  proper  employment  of  such  person. 
The  commissioner  may  also  transfer  and 
commit  and  cause  to  be  transferred  from  the 
workhouse  to  the  city  prison  or  penitentiary, 
any  person  committed  to  the  workhouse  un- 
der section  seven  hundred  and  seven  of  this 
act,  whenever  by  reason  of  the  number  of 
offenders  actually  detained  in  such  work- 
house  at  any  time,  there  shall  not  be  accom- 


AMENDMENTS  TO  THE  CHARTER,  1900. 


181 


modation  therein  for  all  the  persons  com- 
mitted thereto  and  in  like  manner  the  com- 
missioner may,  in  his  discretion,  transfer 
prisoners  from  one  penitentiary  to  another 
penitentiary  within  the  department,  or  from 
one  district  prison  to  another  district  prison 
within  the  department.  The  commissioner 
may  also  transfer  and  commit  or  cause  to  be 
transferred  and  committed  from  the  city 
prison  to  the  workhouse  to  be  detained  and 
employed  therein  any  person  who  shall  have 
been  duly  committed  to  the  city  prison. 
[Amended  by  Chapter  620,  Laws  of  1090.] 

FIRE  DEPARTMENT. 
Consolidation  of  departments;  volnn- 
teer  departments. 

Sec.  722.  The  officers  and  members  of  the 
uniformed  force  and  legally  appointed  fire- 
men in  the  corporation  formerly  known  as 
the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York,  and  in  the  city  of  Brook- 
lyn and  in  the  city  of  Long  Island  City  are 
hereby  made  members  of  the  fire  department 
of  the  city  of  New  York,  as  hereby  consti- 
tuted, and  shall  be  assigned  to  duty  therein  ' 
by  the  fire  commissioner,  with  the  rank  and 
grade  now  held  by  them  respectively,  as  near- 
ly as  may  be  practicable.  The  paid  fire  de- 
partment system  shall,  as  soon  as  practi- 
cable, be  extended  over  the  boroughs  of 
Queens  and  Richmond,  by  the  fire  commis- 
sioner, and  thereupon  the  present  volunteer 
fire  departments  now  maintained  therein  shall 
be  disbanded.  Any  real  property  and  likewise 
any  apparatus,  equipment  or  other  personal 
property  owned  or  used  by  said  volunteer 
forces  which  may  be  deemed  useful  or  neces- 
sary for  the  use  of  the  fire  department  shall, 
upon  extension  of  the  paid  system  to  the 
boroughs  of  Queens  and  Richmond,  respec- 
tively, be  purchased  by  the  fire  commission- 
er at  the  reasonable  value  thereof.  In  the 
meantime,  and  until  the  said  paid  fire  de- 
partment shall  be  extended  over  said  ter- 
ritory as  herein  provided,  said  volunteer  fire 
companies  shall  continue  to  discharge  the 
duties  for  which  they  have  been  associated 
or  incorporated,  and  said  companies  shall  re- 
ceive from  the  city  such  sums  as  are  now 
awarded  to  them  by  the  villages  or  towns 
in  which  they  are  respectively  located,  except 
that  in  the  boroughs  of  Richmond  and  Queens, 
there  shall  be  paid  on  the  first  day  of  June 
In  each  year  to  the  treasurers  of  the  sev- 
eral volunteer  fire  companies,  by  the  con- 
troller of  the  city  of  New  York,  the  follow- 
ing sums:  To  the  treasurer  of  an  engine  com- 
pany or  chemical  engine  company  twelve 
hundred  dollars,  to  the  treasurer  of  a hook 
and  ladder  company  ten  hundred  dollars,  to 
the  treasurer  of  a hose  company  eight  hun- 
dred dollars,  and  to  the  treasurer  of  a pa- 
trol company  eight  hundred  dollars.  When- 
ever hereafter  the  paid  fire  department  shall 
be  extended  into  any  part  of  the  territory  of 
the  city  of  New  York,  as  hereby  constituted, 
in  which  now  or  hereafter  there  shall  exist 
a volunteer  fire  department,  such  members 
of  said  volunteer  fire  department  in  said  lo- 
cality as  may  be  in  active  service  shall,  so 
far  as  practicable,  be  preferred  for  appoint- 
ment as  firemen  in  the  paid  department  and 
the  volunteer  benevolent  associations  existing 
within  said  territory  shall  possess  all  the 
privileges,  and  be  entitled  to  all  the  rights 
now  conferred  by  law  on  such  associations. 
The  board  of  estimate  and  apportionment 
may,  in  Its  discretion,  appropriate  such  sum 
of  money  as  they  may  deem  necessary  for 
the  purchase  of  apparatus  for  the  use  of  the 
several  volunteer  companies  in  the  borough 
of  Queens,  and  for  the  maintenance  of  fire 
alarm  systems  in  such  borough. — [Amended 
by  Chapter  82,  Laws  of  1900.J 


Fires  and  Tlieir  Extinction;  Right  of 
Way. 

Sec.  748.  The  officere  and  men  of  the  fire 
department,  and  the  officers  and  men  of  the 
insurance  patrol  respectively  with  their  ap- 
paratus of  all  kinds,  when  on  duty,  shall  have 
the  right  of  way  at,  and  in  proceeding  to,  any 
fire,  in  any  highway,  street  or  avenue,  over 
any  and  all  vehicles  of  any  kind,  except  those 
carrying  the  United  States  mail.  And  any 
person  in  or  upon  any  vehicle  who  shall  he- 
fuse  the  right  of  way,  or  in  any  way  ob- 
struct any  fire  apparatus,  or  any  apparatus  of 
the  insurance  patrol,  or  any  of  said  officers 
and  men  while  in  the  performance  of  duty, 
shall  be  guilty  of  a misdemeanor,  and  be  lia- 
ble to  punishment  for  the  same.  [Amended 
by  Chapter  155,  Laws  of  1900.] 

DEPARTMENT  OF  EDUCATION. 
Special  and  general  school  fnnds;  all 

moneys  to  be  received  by  the  Board 

of  Education. 

Sec.  1,060.  All  moneys  raised  for  education- 
al purposes  in  the  City  of  New  York  shall 
be  raised  in  two  funds,  to  be  known  as  the 
special  school  fund  and  the  general  school 
fund,  respectively.  The  general  school  fund 
shall  consist  of  all  moneys  raised  for  the 
payment  of  salaries  of  the  borough  and  asso- 
ciate superintendents  and  all  members  of  the 
supervising  and  teaching  staff,  throughout 
all  boroughs,  in  conformity  with  section  ten 
hundred  and  ninety-one  of  this  act.  The 
special  school  fund  shall  contain  and  embrace 
all  moneys  raised  for  educational  purposes 
not  comprised  in  the  general  school  fund. 
It  shall  be  the  duty  of  the  Board  of  Esti- 
mate and  Apportionment  and  of  the  Munici- 
pal Assembly  to  indicate  in  the  budget  in 
raising  the  special  school  fund  the  respective 
amounts  thereof  which  shall  be  available  for 
use  in  the  territory  within  the  jurisdiction 
of  each  of  the  school  boards.  The  general 
school  fund  shall  be  raised  in  bulk,  and  for 
the  city  at  large,  and  shall  be  apportioned  to 
the  several  boroughs  by  the  Board  of  Educa- 
tion, as  hereinafter  provided.  The  Board  of 
Education  shall  have  power  to  take  and  to 
receive,  and  shall  take  and  receive,  all  mon- 
eys appropriated  or  available  for  educational 
purposes  in  the  City  of  New  York,  which 
moneys  shall  be  paid  over  to  said  board  by 
the  Comptroller  on  the  request  of  said  board 
from' time  to  time  in  such  sums  as  shall  be 
required,  and  the  auditor  of  said  board  shall 
transmit  to  the  Department  of  Finance  each 
month  duplicate  vouchers  for  the  payment 
of  all  sums  of  money  made  on  account  of  the 
Department  of  Education  each  month. 
[Amended  by  chapter  751,  laws  of  1900.] 

To  be  representative  of  school  system; 

to  re«inire  and  revise  estimate.s  from 

School  Boards,  etc. 

Sec.  1,064.  The  Board  of  Education  shall 
represent  the  schools  and  the  school  system 
of  the  City  of  New  York  before  the  Board  of 
Estimate-  and  Apportionment,  and  before  the 
Municipal  Assembly,  in  all  matters  of  ap- 
propriations in  the  budget  of  the  city  for 
educational  purposes,  and  in  all  other  mat- 
ters, and  shall  in  general  be  thh  representa- 
tive of  the  school  system  of  the  city  in  its 
entirety.  In  the  month  of  July  in  each  year 
each  School  Board  shall  transmit  to  the 
Board  of  Education  an  estimate  in  detail  of 
the  moneys  needed  for  the  purposes  of  the 
general  school  fund  within  the  territory  un- 
der its  jurisdiction  during  the  next  succeed- 
ing calendar  year.  The  Board  of  Education 
shall,  thereupon,  restate,  rearrange,  revise 
and  verify  such  estimates  and  shall  have 
power,  in  its  discretion,  to  amend  or  reduce 
the  same,  and  thereupon  shall  submit,  to- 
gether with  a written  memorandum  of  any 
fiuch  amendment  or  reduction  bo  made  by  the 


said  Board  of  .Education  and  the  reason  for 
making  the  same,  an  estimate  for  the  entire 
school  system  of  the  city,  to  the  Board  of 
Estimate  and  Apportionment  for  its  action. 
Any  amendment  to  or  reduction  of  the  esti- 
mate of  any  School  Board  which  shall  be 
made  by  the  Board  of  Education  shall  not 
preclude  the  right  of  the  Board  of  Estimate 
and  Apportionment,  after  a proper  hearing, 
to  restore  to  its  original  form  such  estimate. 
The  Board  of  Estimate  and  Apportionment 
shall  appropriate  for  the  general  school  fund 
for  the  year  nineteen  hundred  and  one  and, 
annually,  for  each  year  thereafter,  an  amount 
equivalent  to  not  less  than  four  mills  on  ev- 
ery dollar  of  assessed  valuation  of  the  real 
and  personal  estate  In  the  City  of  New  York, 
liable  to  taxation,  inclusive  of  so  much  of 
the  state  school  moneys  apportioned  by  the 
Superintendent  of  public  Instruction  for  the 
payment  of  teachers’  wages  as  is  actually 
paid  into  the  said  general  school  fund. 
[Amended  by  chapter  751,  laws  of  1900.] 
Administers  special  land;  apportions 

Oreneral  fund,  and  flies  record  vvltU 

Comptroller. 

Sec.  1,065.  The  special  school  fund  shall  bo 
administered  by  the  Board  of  Education.  Tho 
general  school  fund  shall  be  administered 
by  the  respective  school  boards  and  In  tho 
month  of  December  In  each  year  shall  be  ap- 
portioned for  the  next  succeeding  calendar 
year  by  the  Board  of  Education  among  tho 
different  school  boards  of  the  city  as  fol- 
lows: 

1.  A distributive  quota  to  each  School 
Board  of  six  hundred  dollars  for  every  quali- 
fied teacher,  or  for  successive  qualified  teach- 
ers, who  shall  have  actually  taught  In  the 
public  schools  under  the  charge  of  the  board 
during  a term  of  not  less  than  thirty-two 
weeks  of  five  successive  days  each,  inclusive 
of  legal  holidays. 

2.  The  remainder  of  such  general  school 
fund  shall  be  apportioned  among  the  said 
school  boards  by  the  said  Board  of  Education 
in  proportion  to  the  aggregate  number  of 
days  of  attendance  of  the  pupils  of  the  pub- 
lic schools  resident  in  the  boroughs  under 
their  charge,  between  the  ages  of  four  and 
twenty-one  years,  at  their  respective  schools, 
during  the  last  preceding  school  years.  The 
aggregate  number  of  days  of  attendance  of  the 
pupils  is  to  be  ascertained  from  the  records 
thereof  kept  by  the  teachers,  as  hereinafter 
prescribed,  by  adding  together  the  whole 
number  of  days  of  attendance  of  each  and 
every  such  pupil  in  the  schools  under  the 
charge  of  the  respective  school  boards.  One 
day  of  attendance  shall  be  counted  for  eve:'/ 
child  who  attends  one  full  day  or  one  full 
session,  either  forenoon  or  afternoon.  Be- 
tween the  first  and  fifteenth  days  of  January 
in  each  and  every  year  the  Board  of  Educa- 
tion shall  file  a record  of  its  apportionment 
of  the  general  school  fund  with  the  Cc'a- 
troller  [Amended  by  chapter  751,  laws  of 
1900.] 

Powers  to  fix  salarie.s. 

Sec.  1,091.  The  Board  of  Education  shall 
have  power  to  adopt  bylaws  fixing  the  sala- 
ries of  the  borough  and  associate  superin  ■ 
tendents,  and  all  members  of  the  supervising 
and  the  teaching  staff,  and  the  salaries  of  all 
principals  and  teachers  shall  be  regulated  by 
merit,  grade  of  class  taught,  length  of  serv- 
ice, experience  in  teaching,  or  by  such  a 
combination  of  these  considerations  as  said 
board  may  deem  proper.  Such  bylaws  shall 
establish  a uniform  schedule  of  salaries  for 
the  supervising  and  the  teaching  staff 
throughout  all  boroughs,  which  schedule 
shall  provide  for  an  equal  annual  increment 
of  salary  of  such  an  amount,  that  no  kinder- 
gartner,  or  female  teacher  of  a girls’  class 
other  than  those  teaching  grades  of  the  last 


182 


AMENDMENTS  TO  THE  CHARTER,  1900  '■  ^ ^ f a) 


two  years  in  the  elementary  schools  shall, 
after  sixteen  years  of  service  in  said 
schools,  receive  less  than  twelve  hundred 
and  forty  dollars  per  annum;  and  no  female 
teacher  of  a girls’  class  of  the  grades  of  the 
last  two  years  in  said  schools  shall,  after 
fifteen  years  of  service  in  said  schools,  re- 
ceive less  than  thirteen  hundred  and  twenty 
dollars  per  annum;  and  no  female  teacher  of 
a girls’  graduating  class,  female  first  assist- 
ant, or  female  vice  principal  shall,  aften  ten 
years  of  service  in  said  schools,  receive  less 
than  fourteen  hundred  and  forty  dollars  per 
annum;  and  no  female  teacher  of  a boys’  or 
a mixed  class  shall  receive  less  than  sixty 
dollars  per  annum  more  than  a female  teacher 
of  a girls’  class  of  corresponding  grade  and 
of  years  of  service;  and  no  female  teacher 
In  said  elementary  schools  shall  receive  less 
than  six  hundred  dollars  per  annum,  nor 
shall  the  annual  increment  for  any  female 
teacher  therein  be  less  than  forty  dollars; 
and  no  male  teacher  of  a class  of  the  grades 
of  the  last  two  years  in  said  schools  shall, 
after  twelve  years  of  service  in  said  schools 
receive  less  than  twenty-one  hundred  and 
sixty  dollars  per  annum;  and  no  male  teacher 
of  a graduating  class,  male  first  assistant  or 
male  vice  principal  shall,  after  ten  years  of 
service  in  said  schools,  receive  less  than 
twenty-four  hundred  dollars  per  annum;  and 
no  male  teacher  in  said  elementary  schools 
shall  receive  less  than  nine  hundred  dollars 
per  annum;  nor  shall  the  annual  increment 
for  any  male  teacher  therein  be  less  than 
one  hundred  and  five  dollars;  that  no  female 
head  of  department  or  female  assistant  to 
the  principal  in  said  schools  shall  receive 
less  than  sixteen  hundred  dollars  per  an- 
num after  ten  years  of  service;  and  no  male 
head  of  department  or  male  assistant  to  the 
principal  in  said  schools  shall  receive  less 
than  twenty-four  hundred  dollars  per  annum 
after  ten  years  of  service;  that  in  high 
schools  and  training  schools  for  teachers  no 
female  junior  or  substitute  teacher,  female 
laboratory  or  library  assistant  or  female 
clerk  shall  receive  less  than  seven  hundred 
dollars  per  annum,  nor  after  six  years  of 
service  as  such,  less  than  one  thousand  dol- 
lars per  annum;  no  female  model  teacher 
shall  receive  less  than  one  thousand 
dollars  per  annum,  nor  after  five  years 
of  service  as  such,  less  than  fifteen 
hundred  dollars  per  annum;  no  female 
regular  teacher  in  said  schools  shall  re- 
ceive less  than  eleven  hundred  dollars 
per  annum,  nor  after  ten  years  of  service 
as  such,  less  than  nineteen  hundred  dollars 
per  annum;  no  female  head  teacher,  female 
assistant  to  the  principal,  female  first  assist- 
ant or  female  vice  principal  in  said  schools 
shall  receive  less  than  two  thousand  dollars 
per  annum,  nor  after  five  years  of  service  as 
such,  less  than  twenty-five  hundred  dol- 
lars per  annum;  no  male  junior  or 

substitute  teacher,  male  laboratory  or 
library  assistant  or  male  clerk  shall 
receive  less  than  nine  hundred  dollars 
per  annum,  nor  after  six  years  of 

service  as  such,  less  than  twelve  hundred 
dollars  per  annum;  no  male  regular  teacher 
in  said  schools  shall  receive  less  than  thir- 
teen hundred  dollars  per  annum,  nor  after 
ten  years  of  service  as  such,  less  than  twen- 
ty-four hundred  dollars  per  annum;  no  male 
head  teacher,  male  assistant  to  the  principal, 
male  first  assistant  or  male  vice  principal  in 
said  schools  shall  receive  less  than  twenty- 
five  hundred  dollars  per  annum,  nor  after 
five  years  of  service  as  such,  less  than  three 
thousand  dollars  per  annum;  nor  shall  any  of 
said  persons  therein  receive  a salary  less 
tbau  that  to  which  by  reason  of  experience. 


such  person  would  be  entitled  as  a teacher 
of  the  aforesaid  elementary  schools;  provid- 
ed, however,  that  none  of  the  aforesaid  mem- 
bers of  the  supervising  and  the  teaching  staff 
of  any  of  the  elementary  schools  shall  re- 
ceive a salary  greater  than  that  fixed  for 
the  seventh  year  of  service  unless  and  until 
the  service  of  any  such  member  shall  have 
been  approved  after  inspection  and  investiga- 
tion as  fit  and  meritorious  by  a majority  of 
the  board  of  superintendents  of  the  borough 
in  which  he  or  she  is  employed;  that  none  of 
the  aforesaid  members  of  the  supervising  and 
the  teaching  staff  of  any  of  the  elementary 
schools  shall  receive  a salary  greater  than 
that  fixed  for  the  twelfth  year  of  service 
unless  and  until  the  service  of  any  such 
member  shall  have  been  approved  after  in- 
spection and  investigation  as  fit  and  meri- 
torious by  a majority  of  the  board  of  superin- 
tendents of  the  borough  in  which  he  or  she 
is  employed;  that  none  of  the  aforesaid 
members  of  the  supervising  and  the  teaching 
staff  of  any  of  the  high  or  training  schools 
shall  receive  a salary  greater  than  that  fixed 
for  the  fourth  year  of  service  unless  and  un- 
til the  service  of  any  such  member  shall 
have  been  approved  after  inspection  and  in- 
vestigation as  fit  and  meritorious  by  a ma- 
jority of  the  board  of  superintendents  of  the 
borough  in  which  he  or  she  is  employed; 
and  that  none  of  the  aforesaid  members  of 
the  supervising  and  the  teaching  staff  of  any 
of  the  high  or  training  schools  shall  receive 
a salary  greater  than  that  fixed  for  the  ninth 
year  of  service  unless  and  until  the  service 
of  any  such  members  shall  have  been  ap- 
proved after  inspection  and  investigation  as 
fit  and  meritorious  by  a majority  of  the  board 
of  superintendents  of  the  borough  in  whicn 
he  or  she  is  employed;  and  the  respective 
boards  of  superintendents  of  the  boroughs 
shall  approve  or  disapprove  the  service  of 
the  aforesaid  members  of  the  supervising  and 
the  teaching  staff  in  their  respective  bor- 
oughs within  forty  days  before  the  date  on 
which  said  members  shaii,  respectively,  be- 
come eligible  to  the  increases  of  salaries  con- 
ditioned upon  the  approval  of  said  service. 
For  the  purposes  affecting  such  increases  of 
salaries  of  said  persons  in  any  schools  the 
principal  of  such  school  shall  have  a seat  in 
the  borough  board  of  superintendents  with 
a vote  on  such  fitness  and  merit;  that  no  fe- 
male branch  principal  or  female  principal  of 
an  elementary  school  having  not  less  than 
twelve  classes  shall  receive  less  than  twenty- 
five  hundred  dollars  per  annum  after  ten 
years  of  service  as  such  in  said  schools;  and 
no  male  branch  principal  or  male  principal 
of  an  elementary  or  a high  school  having  not 
less  than  twelve  classes  shall  receive  less 
than  thirty-five  hundred  dollars  per  annum 
after  ten  years  of  service  as  such  in  said 
schools;  and  a principal  of  said  schools  shall 
receive  an  equal  annual  increment  of  two 
hundred  and  fifty  dollars;  provided,  however, 
that  the  service  of  such  principal  or  branch 
principal  shall  have  been  approved  after  in- 
spection and  investigation  as  fit  and  meri- 
torious by  a majority  of  the  board  of  superin- 
tendents of  the  borough  in  which  he  or  she 
is  employed;  and  no  principal  of  a high 
school  or  training  school  for  teachers  having 
supervision  of  not  less  than  twenty-five 
teachers  therein  shall  receive  less  than  five 
thousand  dollars  per  annum.  The  board  of 
examiners  shall  issue  to  a principal  or 
teacher  who  has  had  experience  in  schools 
other  than  the  schools  of  the  City  of  New 
York,  or  in  any  part  thereof  previous  to  the 
enactment  of  the  Greater  New  York  charter, 
a certificate  stating  that  the  experience  of 
such  teacher  is  equivalent  to  a certain  num- 


ber of  years  of  experience  In  the  schools 
of  the  said  city.  The  board  of  exam- 
iners shall  Issue  to  a principal  or  teacher 
who  has  had  experience  in  schools  other  than 
the  high  and  training  schools  of  the  City  of 
New  York,  or  in  any  part  thereof  previous 
to  the  enactment  of  the  Greater  New  York 
charter,  a certificate  stating  that  the  expe- 
rience of  such  teacher  is  equivalent  to  a 
certain  number  of  years  of  experience  in  the 
high  and  training  schools  of  the  said  city. 
Such  certificates  made  by  the  board  of  exam- 
iners shall  be  final  and  conclusive  on  all 
matters  pertaining  to  experience  therein 
stated  and  shall  entitle  their  holders  to  sal- 
aries in  accordance  with  the  schedule  of 
salaries  established  in  conformity  with  this 
section,  in  like  manner  as  though  the  years 
mentioned  in  such  certificates  had  been 
served  in  those  schools  of  the  City  of  New 
York  that  are  respectively  mentioned  in  such 
certificates.  No  salary  now  paid  to  any 
member  of  the  supervising  and  teaching  staff 
of  any  of  the  public  schools  in  the  City  of 
New  York  shall  be  reduced  by  the  operation 
of  this  section  and  the  aforesaid  equal  an- 
nual increment  for  each  class  or  grade  of  the 
supervising  and  the  teaching  staff  of  said 
public  schools  shall  be  uniform  throughout 
each  class  or  grade,  and  each  of  said  persons 
shall  at  once  receive  all  the  emolument  in 
accordance  with  the  above  schedule  of  mini- 
mum salaries  to  which  said  person  is  entitled 
by  reason  of  merit,  of  experience  and  of 
grade  of  class  taught.  The  Board  of  Esti- 
mate and  Apportionment  is  hereby  author- 
ized and  required  to  transfer  to  the  general 
school  fund,  in  addition  to  any  other  appro- 
priation which  may  be  available  therefor  a 
sufficient  sum  of  money  from  any  of  the  un- 
expended balances  of  any  appropriations  for 
any  of  the  departments  of  the  City  of  New 
York,  to  provide  the  necessary  funds  for  car- 
rying into  effect  the  provisions  of  this  sec- 
tion, including  such  schedule  of  salaries  for 
the  day  and  evening  schools  as  the  Board  of 
Education  shall  by  its  bylaws  establish,  for 
the  calendar  year  nineteen  hundred.  In  case 
such  unexpended  balances  shall  not  be  suffi- 
cient for  such  purpose  the  Board  of  Estimate 
and  Apportionment  is  hereby  authorized  and 
required  to  direct  the  issue  of  revenue  bonds 
sufficient  to  provide  for  any  deficiency  of 
funds  that  shall  still  exist,  in  order  to  carry 
into  effect  all  the  foregoing  and  following 
provisions  of  this  section  for  the  calendar 
year  nineteen  hundred.  All  members  of  the 
supervising  and  the  teaching  staff  shall  be 
entitled  to  and  shall  receive  pay  for  the  cal- 
endar year  nineteen  hundred  in  conformity 
with  the  provisions  of  this  section  precisely 
as  though  the  section  had  been  in  effect  on 
the  first  day  of  January,  nineteen  hundred, 
and,  for  such  purpose,  this  section  is  hereby 
declared  to  be  and  shall  be  retroactive  to  and 
including  the  first  day  of  January,  nineteen 
hundred.  The  words  “the  supervising  and 
the  teaching  staff’’  as  used  in  this  section 
shall  not  be  deemed  to  Include  borough  and 
associate  superintendents.  [Amended  by 
chapter  751,  laws  of  1900.] 

COLLEGE  OF  THE  CITY  OP  NEW  YORK 
Trustees, 

Sec.  1,128.  The  board  of  trustees  of  said 
college  on  and  after  the  first  day  of  July, 
nineteen  hundred,  shall  consist  of  nine  resi- 
dents of  the  city  to  be  appointed  as  herein- 
after provided,  of  the  president  of  the  board 
of  education  of  the  city  ex  officio,  and  of 
the  president  of  said  college  ex  officio.  Pro- 
vided, however,  that  after  the  president  of 
said  college  now  in  office  vacates  the  same, 
his  successor  shall  not  be  a member  of  said 


AMENDMENTS  TO  THE  CHARTER,  190i 


183 


board  of  trustees.  Except  as  herein  other- 
wise provided,  the  said  board  shall  have  and 
possess  the  powers  conferred  upon  and  be 
subject  to  the  duties  required  of  the  trus- 
tees of  colleges  by  the  university  law.  The 
mayor  of  the  city  of  New  York  shall  appoint 
before  the  first  day  of  June,  nineteen  hun- 
dred, nine  persons  to  serve  as  such  trustees, 
to  hold  office  respectively,  as  shall  be  desig- 
nated by  the  mayor,  for  one,  two,  three, 
four,  five,  six,  seven,  eight  and  nine  years 
from  the  first  day  of  July,  nineteen  hundred. 
On  or  before  the  first  day  of  June  prior  to 
the  expiration  of  the  term  of  office  of  any 
trustee,  the  mayor  shall  appoint  his  suc- 
cessor for  a full  term  of  nine  years  from  the 
first  day  of  July  following.  The  mayor  shall 
fill  any  vacancy  existing  In  the  office  of  trus- 
tee (other  than  the  president  of  the  board 
of  education)  by  the  appointment  of  a trus- 
tee to  hold  office  for  the  unexplred  term. 
Each  trustee  so  appointed  shall  take  the  oath 
required  by  section  ten  hundred  and  eighty- 
eight  of  this  act.  Any.  resignation  from  the 
office  of  trustee  shall  be  made  to  the  mayor. 
No  trustee  shall  be  subject  to  removal  un-  . 
der  the  provisions  of  section  ninety-five  of 
this  act,  but  any  trutsee  may  be  removed 
by  the  mayor  upon  proof  either  of  official 
misconduct  or  negligence  of  official  duties, 
or  of  conduct  In  any  manner  connected  with 
his  official  duties  or  otherwise  which  tends 
to  discredit  his  office,  or  the  school  system, 
or  for  mental  or  physical  Inability  to  per- 
form his  duties,  but  before  such  removal  he 
shall  receive  due  and  timely  notice  In  writ- 
ing of  the  charges  and  a copy  therof,  and 
shall  be  entitled  to  a hearing  on  like  notice 
before  the  mayor,  and  to  the  assistance  of 
counsel  on  said  hearing.  The  board  of  trus- 
tees shall  have  power  to  prescribe  by-laws 
and  regulations  for  the  board  and  for  the 
government  of  the  college,  its  faculty,  in- 
structors and  other  employes.  Such  by- 
laws shall  Include  rules  governing  the  ap- 
pointment of  all  offices,  members  of  the 
faculty.  Instructors  and  other  employes  of 
the  college.  A majority  of  the  members  of 
the  board  appointed  by  the  mayor  as  afore- 
said shall  constitute  a quorum  for  the  trans- 
action of  business  and  no  resolution  or  acl; 
of  the  board  shall  be  invalid  by  reason  of 
any  vacancy  existing  in  the  board,  provided 
that  such  act  or  resolution  shall  be  adopted 
by  a vote  of  five  members  of  the  board. 
[Amended  by  chapter  757,  laws  of  1900.] 
Instruction  to  toe  fnrnished  gratnlt- 
onsly;  degrees  and  diitlomas. 

Sec.  1,132.  The  trustees  of  said  college, 
shall  continue  to  furnish,  through  the  Col- 
lege of  the  City  of  New  York,  the  benefit 
of  education,  gratuitously,  to  boys  who  have 
been  pupils  In  the  common  schools  of  the 
city,  and  to  all  other  male  students  who  are 
actual  residents  of  said  city,  and  who  are 
qualified  to  pass  the  required  examination 
for  admission  to  said  college.  And  the  trus- 
tees, upon  the  recommendation  of  the  faculty 
of  the  said  college,  may  grant  the  usual  de- 
grees and  diplomas  In  the  arts  to  such  per- 
sons as  shall  have  completed  a full  course 
of  study  In  the  said  college. 

Sec.  2.  All  acts  and  parts  of  acts  inconsis- 
tent with  the  provisions  of  this  act  are 
hereby  repealed.  All  acts  and  parts  of  acts 
requiring  or  creating  an  executive  commit- 
tee of  the  board  of  trustees  of  said  college 
are  hereby  repealed,  and  all  powers,  duties 
and  responsibilities  heretofore  vested  in  any 
such  executive  committee,  shall,  from  and 
after  July  first,  nineteen  hundred,  be  vested 
In  the  board  of  trustees  hereby  created. — 
[Amended  by  chapter  757,  Laws  of  1900.] 
OEPARTME>T  OF  HEALTH. 

Offensive  Tra«les. 

Sec.  1,212.  It  shall  not  be  lawful  for  any 


person  or  persons  incorporated  or  unincor- 
porated or  any  corporation  or  corporations 
to  carry  on,  establish,  prosecute  or  continue, 
within  the  Borough  of  Manhattan,  the  occu- 
pation or  trade  or  business  of  bone  boiling, 
bone  burning,  bone  grinding,  horse  skinning, 
cow  skinning  or  the  skinning  of  dead  ani- 
mals, or  the  boiling  of  oflal;  and  it  shall  not 
be  lawful  for  any  person  or  persons,  incor- 
porated or  unincorporated,  or  any  corporation 
or  corporations,  to  carry  on,  establish,  prose- 
cute or  continue,  within  the  Borough  of 
Brooklyn,  the  occupation  or  trade  or  business 
of  rendering  or  treating  with  steam  or  boil- 
ing garbage,  swill  or  offal;  and  any  such 
establishment  or  establishments  or  place  of 
such  business  existing  within  the  said  bor- 
oughs, respectively,  shall  be  forthwith  re- 
moved out  of  said  boroughs  and  such  trade, 
occupation  or  business  shall  be  forthwith 
abated  and  discontinued,  provided  that  noth- 
ing in  this  section  contained  shall  apply  to 
the  slaughtering  or  dressing  of  animals  for 
sale  in  said  city.  It  shall  be  the  duty  of  the 
Board  of  Health  to  ascertain  whether  any 
such  trade  or  business  is  carried  on,  or  con- 
tinued, or  established,  within  the  limits  afore- 
said, and  to  make  and  cause  an  order  to  be 
served  in  the  same  manner  as  other  orders 
of  said  department  are  made  and  served,  di- 
recting the  discontinuance  of  such  trade  or 
business,  and  the  removal  of  all  offensive  or 
unwholesome  materials  or  things  apper- 
taining to  such  trade  or  business.  Any 
business  hereby  prohibited  in  any  borough, 
if  carried  on  in  other  boroughs  within 
the  City  of  New  York  shall  be  subject  there- 
in to  reasonable  regulations  to  be  prescribed 
by  the  Board  of  Health,  and  may,  upon  its 
recommendation,  be  prohibited  in  any  bor- 
ough or  part  of  any  borough  by  the  Munici- 
pal Assembly;  but  the  Board  of  Health  may, 
upon  application,  extend  the  time  of  discon- 
tinuing the  business  of  rendering  or  treat- 
ing with  steam,  or  boiling  garbage,  swill  or 
offal,  in  the  Borough  of  Brooklyn  for  a period 
of  not  exceeding  twelve  months  from  and 
after  the  passage  of  this  act. — [Amended  by 
Chapter  663,  Laws  of  1900.] 

A BOARD  OP  CITY  RECORD. 
Printing:  nnd  Stationery  to  toe  Sui>plied 

by  Contract,  etc. 

Sec.  1,528.  All  printing  for  said  city,  in- 
cluding the  printing  of  the  City  Record, 
shall  be  executed  and  all  stationery  shall  be 
supplied,  under  contracts,  to  be  entered  into 
by  the  said  Board  of  City  Record.  All  pro- 
posals for  printing  and  stationery  shall  be 
based  upon  specifications  to  be  filed  in  the 
Comptroller’s  office,  which  shall  set  forth 
with  accuracy  the  number  of  every  descrip- 
tion of  printed  blanks;  also  each  descrip- 
tion of  stationery  or  blank  books  in  ordinary 
use  in  the  Municipal  Assembly  and  the  re- 
spective departments,  and  likely  to  be  re- 
quired during  the  year  for  which  such  con- 
tract is  to  be  given,' and  the  bids  shall  be 
given  for  such  number  of  each  printed  de- 
scription of  blanks,  or  of  each  article  of 
stationery  (including  under  the  head  of  sta- 
tionery, letter  or  writing  paper,  or  envelopes, 
with  printed  headings  or  indorsements)  as 
are  specified,  and  for  such  additional  number 
as  may  be  required,  giving  the  price  for 
blanks  of  every  description,  and  the  price 
of  all  other  printing  “per  thousand  ems,” 
or  for  “rule  and  figure  vtmrk”;  separate  con- 
tracts shall  be  made  with  the  lowest  bidder 
for  any  one  description  of  printing,  or  any 
article  of  stationery,  involving  an  expense 
of  more  than  five  hundred  dollars.  Ten  per 
centum  of  the  amount  becoming  due,  from 
time  to  time,  shall  be  withheld  by  the  Comp- 
troller until  the  completion  of  the  contract. 


and  in  case  the  contractor  shall  fail  to  ful- 
fill the  same  to  the  satisfaction  of  said  Board 
of  City  Record,  then  said  board  may  de- 
clare said  contract  to  be  annulled,  and  said 
board  shall  immediately  give  notice  for  other 
bids  for  such  printing  during  the  remainder 
of  the  term  of  contract.  No  Judgment  shall 
be  recovered  against  the  City  of  New  York 
as  constituted  by  this  act,  for  printing  or 
stationery  done  or  furnished  after  April 
thirtieth,  eighteen  hundred  and  seventy- 
three,  ostensibly  for  the  City  of  New  York  as 
heretofore  known  and  bounded,  unless  done 
or  furnished  under  a contract  where,  under 
the  provisions  of  chapter  three  hundred  and 
thirty-five  of  the  laws  of  eighteen  hundred 
and  seventy-three,  or  of  the  laws  in  force  at 
the  time  this  act  takes  effect  or  of  this  act, 
a contract  was  or  is  necessary  or  under  a 
valid  contract,  or  unless  upon  evidence  of  a 
contract  made  as  provided  in  this  section. 
Se-^arate  contracts  may  be  made  at  any  time 
for  engraving,  lithographing,  wood-cuts, 
mt^s,  or  other  picture  work,  as  the  same 
maj  be  required;  but  nothing  herein  con- 
tained shall  be  construed  to  require  a sep- 
arate contract  for  each  engraving,  lithograph, 
or  wood-cut,  or  map,  unless  the  Board  of 
City  Record  shall  deem  the  same  advisable 
for  the  interest  of  the  city.  No  more  than 
two  thousand  copies  of  any  message  of  the 
Mayor,  or  report  of  any  head  of  a depart- 
ment, and  no  more  than  one  thousand  copies 
of  any  report  of  a committee  of  either 
branch  of  the  Municipal  Assembly  shall  be 
printed  apart  from  the  City  Record.  There 
shall  be  published  in  the  City  Record  within 
the  month  of  January  and  within  the  month 
of  July  in  each  year  a list  of  all  the  officials 
and  employes  employed  in  any  of  the  de- 
partments, bureaus  or  offices  of  the  city  gov- 
ernment, and  of  the  counties  therein  con- 
tained, who  have  been  or  have  become  such 
officials  or  employes  during  the  preceding  six 
months.  Said  lists  shall  contain  the  name, 
residence  by  street  numbers,  nature  of  po- 
sition or  service,  date  of  entrance  into  the 
service  or  employment,  date  of  cessation 
of  such  service  or  employment,  if  such  has 
occurred  during  said  period,  salary  or  wages, 
and  a distinct  statement  of  the  increase  or 
decrease  thereof  during  said  period  of  such  of 
said  officials  or  employes.  All  changes  of 
such  officials  or  employes,  or  the  amount  of 
their  salaries,  with  a distinct  statement  of 
the  increase  or  decrease  thereof,  shall  be 
so  published  within  one  week  after  they 
are  made.  It  shall  be  the  duty  of  all  heads 
of  departments  or  bureaus,  or  offices  not  in  a 
department,  to  furnish  to  the  person  ap- 
pointed to  supervise  the  publication  of  the 
City  Record,  everything  required  to  be  insert- 
ed therein.  It  .shall  be  the  duty  of  the  said 
person  appointed  to  supervise  the  publication 
of  the  City  Record,  on  or  before  the  first 
days  of  February  and  August  respectively  in 
each  year,  to  certify  to  the  Comptroller  that 
the  several  lists  so  required  to  be  furnished 
have  been  furnished  to  him  by  said  heads  of 
department,  bureaus,  or  offices,  and  the 
Comptroller  is  hereby  forbidden  to  pay  the 
salary  of  any  such  head  of  department,  bu- 
reau or  office  who  has  not  furnished  such 
list  until  the  receipt  by  said  Comptroller  of 
such  certificate.  The  said  person  shall  have 
the  power  to  make  requisitions  in  writing 
upon  the  heads  of  departments  to  furnish 
the  information  necessary  to  make  up  such 
list  according  to  the  rules  prescribed  by  him 
and  approved  by  the  Board  of  City  Record; 
and  such  information  must  be  supplied  by 
the  department  within  ten  days  after  such 
requisition.  He  shall  have  pow'er  to  require 
such  information  in  the  same  manner,  every 
three  months,  and  all  other  information  In 


184 


AMENDMENTS  TO  THE  CHARTER,  1900. 


the  control  of  said  beads  of  departments,  nec- 
essary to  perform  his  duties,  under  this  sec- 
tion. He  shall  include»ln  his  list  the  num- 
ber of  laborers,  designating  the  department 
In  ■which  they  are  employed,  and,  if  prac- 
ticable, the  numbers  employed  in  the  prosecu- 
tion of  speclOc  -works,  and  the  amounts  paid 
to  them.  He  shall  also  cause  to  be  printed  in 
each  issue  of  said  City  Record  a separate 
statement  of  the  hours  during  which  all  pub- 
lic offices  In  the  city  are  open  for  business, 
and  at  which  each  court  regularly  opens  and 
adjourns,  as  well  as  of  the  places  where 
Buch  offices  are  kept  and  such  courts  are 
held.  The  detailed  canvass  of  votes,  at  every 
election,  shall  be  published  in  the  City  Rec- 
ord. A list  of  the  registered  plumbers  shall 
be  published  in  the  City  Record  at  least 
once  in  each  year.  The  Mayor  may  order  the 
Insertion  of  any  official  matter  or  report  in 
the  City  Record.  Nothing  herein  contained 
Bhall  apply  to  the  printing  or  supplies  of 
stationery  for  the  City  of  New  York  as  con- 
stituted by  this  act,  where  by  the  concur- 
rent vote  of  the  Mayor,  counsel  to  the  cor- 
poration and  Comptroller  it  shall  be  decided 
to  have  such  printing  done  or  such  station- 
ery furnished  without  contract  let  after  ad- 
vertisements for  bids  or  proposals,  but  in 
such  cases  such  printing  shall  be  done  and 
such  stationery  procured  in  the  manner  and 
on  such  terms  and  conditions  as  the  said  of- 
ficers shall  deem  to  be  for  the  best  interest 
of  the  city.  [Amended  by  Chapter  615--i*ai®^s 
of  1900.] 

DISTRICT  ATTORNEY  OP  KINGS 
i COUNTY. 

Power  to  Appoint  Clerks. 

Section  1.  Section  three  of  chapter  seven 
hundred  and  seventy-two  of  the  laws  of 
eighteen  hundred  and  ninety-six  entitled  “An 
act  in  relation  to  the  office  of  the  district 
attorney  of  the  County  of  Kings  providing 
for  the  election  of  district  attorney  and  the 
appointment  of  clerks,  stenographers  and 
county  detectives  for  said  office”  is  hereby 
amended  so  as  to  read  as  follows: 

Sec.  3.  The  said  district  attorney  shall  also 
have  the  power  to  appoint  one  chief  clerk, 
whose  compensation  shall  not  exceed  three 
thousand  five  hundred  dollars  per  annum, 
and  five  additional  clerks,  whose  compensa- 
tion shall  not  exceed  two  thousand  dollars 


' j 


\ 


each  per  annum,  one  messenger,  whose  com- 
pensation shall  not  exceed  twelve  hundred 
dollars  per  annum,  and  one  doorkeeper, 
whose  compensation  Shall  not  exceed  twelve 
hundred  dollars  per  annum,  said  compensa- 
tion of  the  said  several  clerks,  messengers 
and  doorkeeper  to  be  fixed  and  determined  by 
the  said  district  attorney  and  to  be  paid 
monthly  by  the  county  treasurer  of  the 
County  of  Kings. — (Amended  by  Chapter  126, 
Laws  of  1900.)  . 

LOCAL  GOVERNMENT, 

Governor  to  Appoint  Commission  to 
Examine  Into. 

Section  1.  Within  thirty  days  after  this  act 
takes  effect,  the  governor  shall  appoint  a 
commission  of  fifteen  persons  to  examine  into 
the  local  government  of  the  City  of  New 
York  and  the  counties  contained  therein,  and 
the  effect  and  working  of  the  charter  of  Great- 
er New  York  and  the  various  acts  amendatory 
thereof,  and  the  several  acts  relating 
thereto,  and  to  suggest  such  legislation  as  it 
may  deem  advisable  relating'  thereto.  Said 
commission  shall  make  a final  report  to  the 
governor  for  transmissal  to  the  Legislature 
on  or  before  the  first  day  of  December,  nine- 
teen hundred,  and  to  submit  therewith  such 
bill  or  bills  as  it  may  deem  necessary  to 
carry  into  effect  its  recommendations.  The 
governor  may  appoint  as  a member  of  said 
commission  any  officer  of  the  City  of  New 
York.  Such  commission  may  in  and  for  the 
performance  of  said  work,  employ  counsel 
and  such  other  persons  as  it  may  deem  nec- 
essary and  fix  their  compensation.  Said  com- 
mission may  hold  its  meetings  at  any  time 
or  place  within  the  state,  and  any  examina- 
tion or  investigation  made  by  the  commis- 
sion may  be  held  and  taken  by  and  before 
any  one  of  the  commissioners,  by  order  of 
the  commission  duly  made  and  entered  upon 
the  minutes  at  any  meeting  of  the  commis- 
sion at  which  a quorum  may  be  present,  and 
the  proceedings  of  such  single  commissioner 
shall  be  deemed  to  be  the  proceedings  of  the 
commission  when  approved  and  confirmed  by 
it.  The  commission  in  all  matters  that  re- 
late to  the  effect  and  working  of  the  several 
laws  herein  above  referred  to  shall  have 
power  to  subpena  and  require  the  attendance 
in  this  state  of  public  officials  and  public 


employes  who  are  or  have  been  engaged  la 
the  public  service  under  the  several  laws 
herein  above  referred  to  and  may  compel  the 
production  before  it  of  any  public  record  or 
document  of  said  city  or  any  of  the  offices 
or  departments  or  officers  thereof;  may  ad- 
minister oaths  and  examine  thereunder  any 
person  touching  the  subject  matter  hereby 
committed  to  its  charge;  and  each  of  the 
boards,  officers,  agents  and  servants  of  said 
municipality  is  hereby  directed,  for  the  pur- 
pose of  carrying  out  the  provisions  of  this 
act,  to  furnish  to  said  commission  or  its 
representatives  free  access  at  all  reasonable 
times  to  all  such  records  and  documents  and 
all  information  within  their  possession  or 
under  their  control. 

, Sec.  2.  For  the  purpose  of  the  cxamlnatloB 
hereby  authorized,  the  commission  shall  pos- 
sess all  the  powers  conferred  by  the  leg- 
islative law  upon  a committee  of  the  Legis- 
lature or  by  the  code  of  civil  procedure  upon 
a board  or  committee;  may  invoke  the  power 
of  any  court  of  record  in  the  state  to  compel 
the  attendance  and  testifying  of  witnesses 
and  the  production  of  books  and  papers  as 
aforesaid;  and  any  member  of  the  commis- 
sion shall  have  power  to  administer  oaths  to 
the  witnesses  summoned  before  it. 

Sec.  3.  For  the  purpose  of  carrying  out  the 
provisions  of  this  act,  the  city  of  New  York 
shall  raise  the  sum  of  twenty-five  thousand 
dollars  or  so  much  thereof  as  may  be  neces- 
sary. Upon  the  requisition  of  said  commis- 
sion upon  the  board  of  estimate  and  appor- 
tionment, said  board  shall  raise  the  said  sum 
or  the  necessary  part  thereof  from  any  un- 
expended balance  of  appropriation  in  said 
city  for  any  year  prior  to  the  year  nineteen 
hundred  ,and  one,  or  by  the  issue  of  revenue 
bonds  of  said  city  in  the  manner  provided  by 
law,  or  by  the  inclusion  thereof  in  the  annual 
tax  le'vy  upon  real  and  personal  property  lia- 
ble to  taxation  in  said  city.  Payments  shall 
be  made  by  the  controller  of  said  city  from 
the  sum  or  sums  so  to  be  raised,  for  the  ex- 
penses incurred  by  the  said  commission  in 
carrying  out  the  provisions  of  this  act,  upon 
vouchers  certified  by  said  commission  or  by 
such  officer  or  officers  thereof  as  it  may  des- 
ignate for  that  purpose,  in  the  form  to  be 
approved  by  the  controller  of  said  city. 
—(Chapter  465.  Laws  of  1900.) 


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